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WEDGWOOD HOMES, INC. v. LUND

TC 40-069; CA A20839; SC 28880.

659 P.2d 377 (1983)

294 Or. 493

WEDGWOOD HOMES, INC., and Wedgwood Homes of Portland, Respondents On Review, v. Victor L. LUND, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided February 15, 1983.

Attorney(s) appearing for the Case

Dennis E. Stenzel, Portland, argued the cause for petitioner on review. With him on the briefs was Chernoff & Vilhauer, Portland.

Milton C. Lankton, Portland, argued the cause for respondents on review. With him on the brief was Black, Kendall, Tremaine, Booth & Higgins, Portland.

ROBERTS, Justice.

This case presents for our consideration the extent of protection of trademarks and names provided by ORS 647.107, Oregon's antidilution statute. The statute provides:

"Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under ORS 647.015, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition...

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