Alabama Home Health Care, Inc. v. Home Health Care Agency of North Alabama, Inc.

FAULKNER, Justice.

Alabama Home Health Care, Inc., incorporated in 1970, has offices in Birmingham and Bessemer. Home Health Care Agency of North Alabama, Inc., incorporated in 1975, has offices in the same cities.

Testimony indicated that Alabama Home received many telephone calls and mail deliveries intended for Home Health Care Agency of North Alabama.

In June, 1976, Mr. Beard, who operated Alabama Home, had the telephone listing (white pages) of his corporation changed to “Home Health Care, Inc. of Alabama.” He admitted that although he did this in an attempt to clear up the confusion and…