Eckles v. Atlanta Technology Group, Inc.

Carley, Justice.

In 1990, Andrew Jackson Eckles began operating a sole proprietorship under the unregistered trade name “Atlanta Technology *802Group” (“ATG”). In the years that followed, Eckles devoted all of his time and resources to the development of his business, which has continuously used the trade name “ATG.” In May 1994, Eckles received several telephone calls from confused customers who informed him that Atlanta Technology Group, Inc. (ATGI), which had been incorporated in Delaware in 1993, also was using the trade name “ATG.” Concerned about the likelihood of name confusion and its…