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CELLULAR SALES, INC. v. MACKAY

No. 90-2473.

942 F.2d 483 (1991)

CELLULAR SALES, INC. and John Webb, Appellees, v. Rick MACKAY, d/b/a Cellular Sales North, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1991.

Attorney(s) appearing for the Case

Steve Leben, argued (Thomas McGraw, III, on brief), Overland Park, Kan., for appellant.

Gary Long, Kansas City, Kan., for appellees.

Before WOLLMAN, Circuit Judge, and ROSS and HENLEY, Senior Circuit Judges.

ROSS, Senior Circuit Judge.

Plaintiffs Cellular Sales, Inc. and John Webb filed this action charging that defendant Rick Mackay, by doing business as Cellular Sales North, is misappropriating plaintiffs' trade name. The district court agreed and issued a preliminary injunction enjoining Mackay from using the name "Cellular Sales" in the future. Because we conclude that the name "Cellular Sales" is generic in nature and therefore...

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