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ECKLES v. ATLANTA TECHNOLOGY GROUP, INC.

No. S96A1507.

485 S.E.2d 22 (1997)

267 Ga. 801

ECKLES d/b/a Atlanta Technology Group v. ATLANTA TECHNOLOGY GROUP, INC.

Supreme Court of Georgia.

Reconsideration Denied April 4, 1997.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, Sonya Y. Ragland, Kirk W. Watkins, Everett W. Gee III, Atlanta, for appellant.

Deborah L. Britt, Atlanta, for appellee.

Michael J. Bowers, Attorney General, Michael E. Hobbs, Counsel to Attorney General, Daryl A. Robinson, Deputy Counsel to Attorney General, Glass, McCullough, Sherrill & Harrold, John A. Sherrill, Bryan A. Downs, Sheri M. Rosenthal, amici curiae.

CARLEY, Justice.

In 1990, Andrew Jackson Eckles began operating a sole proprietorship under the unregistered trade name "Atlanta Technology Group" ("ATG"). In the years that followed, Eckles devoted all of his time and resources to the development of his business, which has continuously used the trade name "ATG." In May of 1994, Eckles received several telephone calls from confused customers who informed him that Atlanta Technology

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