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KEATON AND KEATON v. KEATON

No. 02S03-0602-CV-67.

842 N.E.2d 816 (2006)

KEATON AND KEATON, an Indiana Professional Corporation, Appellant (Plaintiff below), v. R. Mark KEATON, Paul A. Keaton, d/b/a Keaton and Keaton, Appellees (Defendants below).

Supreme Court of Indiana.

February 22, 2006.

Attorney(s) appearing for the Case

William B. Keaton, Rushville, for Appellant.

R. Mark Keaton, Ft. Wayne, for Appellees.

BOEHM, Justice.

Unfair competition includes both the tort of "passing off" and trade name infringement. We hold that "passing off" requires intentional misrepresentation or deception but trade name infringement does not.

Facts and Procedural History

In 1971 Walter and William Keaton, a father and son, established a partnership for the practice of law in Rushville, Indiana, under the name "Keaton and Keaton." In 1978, the firm incorporated under the...

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