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ADT SEC. SERVICES v. A/C SEC. SYSTEMS, INC.

No. A-05-379.

736 N.W.2d 737 (2007)

15 Neb. App. 666

ADT SECURITY SERVICES, INC., Appellee and Cross-Appellant, v. A/C SECURITY SYSTEMS, INC., and Troy D. Baumert, Appellants and Cross-Appellees, and David W. Baumert, Appellee.

Court of Appeals of Nebraska.

July 3, 2007.

Attorney(s) appearing for the Case

Larry E. Welch, Sr., and Larry E. Welch, Jr., of Welch Law Firm, P.C., Omaha, for appellants.

Duane C. Dougherty, Omaha, for appellee ADT Security Services, Inc.

IRWIN and SIEVERS, Judges, and HANNON, Judge, Retired.

SIEVERS, Judge.

This is a deceptive trade practice and trade name infringement case. A/C Security Systems, Inc., (Old A/C Security) was sold in 1997, and one of the stockholders, Troy D. Baumert (Troy), received his payment in 1997. In 2001, Troy started a new corporation using the same name; such company, for clarity, will be henceforth referenced as "New A/C Security." ADT Security Services, Inc. (ADT), effectively acquired Old A/C Security through a series of transactions...

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