SAFEWAY STORES v. SAFEWAY CONST. CO.

No. 5663.

74 F.Supp. 455 (1947)

SAFEWAY STORES, Inc., v. SAFEWAY CONST. CO., Inc.

District Court, S. D. California, Central Division.

November 25, 1947.


Attorney(s) appearing for the Case

Williamson, Hoge & Curry, Fulton W. Hoge, and Willard R. Pool, for plaintiff.

Abraham Dworkin, for defendant.


WEINBERGER, District Judge.

The plaintiff seeks to enjoin the defendant from the use of the word "Safeway" in the conduct of the defendant's construction business or otherwise.

This case does not involve a trademark infringement. The wrong complained of is an unfair trade practice, so-called "unfair competition" by the defendant in using said plaintiff's trade name.

The evidence establishes that since 1926 plaintiff, or its predecessors, have continuously...

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