Harp v. Appliance Mart, Inc.

Davis, J.:

Defendant The Appliance Mart, Incorporated, (Appliance Mart) appeals from an order enjoining its use of the business name “The Appliance and Furniture Mart.” Plaintiff Lawrence M. Harp, d/b/a “The Furniture Mart,” cross-appeals, contending that even though the court properly enjoined the use of the name, it nevertheless erred in denying Harp’s request for relief under the common-law theory of unfair competition. We affirm and remand with directions.

Harp owns and operates a retail home furniture business in Liberal, Kansas, under the name “The Furniture Mart.” He has operated with…