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S. S. KRESGE CO. v. UNITED FACTORY OUTLET, INC.

No. 78-1415.

598 F.2d 694 (1979)

S. S. KRESGE COMPANY, Plaintiff-Appellee, v. UNITED FACTORY OUTLET, INC., et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided May 18, 1979.

Attorney(s) appearing for the Case

Burton Chandler, Worcester, Mass., with whom Meredith Peterson Tufts, and Seder & Seder, Worcester, Mass., were on brief, for defendants-appellants.

Richard W. Renner, Chicago, Ill., with whom Richard E. Alexander, Chicago, Ill., was on brief, for plaintiff-appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This is an appeal by defendants-appellants, United Factory Outlet, Inc., et al. (United), from an order of the district court denying a preliminary injunction sought to prevent S. S. Kresge Co. (Kresge), plaintiff-appellee, from using the word "Mart" in any form of advertisement in Worcester County, Massachusetts; making any form of public communication in Worcester County distinguishing appellee's stores from those of appellants; making any...

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