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PLUS PRODUCTS v. PLUS DISCOUNT FOODS, INC.

Nos. 1436, 1512, 1513, Dockets 83-7238, 83-7292 and 83-7294.

722 F.2d 999 (1983)

PLUS PRODUCTS, Plaintiff-Appellee-Cross-Appellant, v. PLUS DISCOUNT FOODS, INC., and the Great Atlantic and Pacific Tea Company, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 3, 1983.

Attorney(s) appearing for the Case

James B. Swire and Robert L. Raskoff, New York City (Townley & Updike, New York City, on brief), for plaintiff-appellee-cross-appellant.

Robert M. Newbury and Mark V.B. Partridge, Chicago, Ill., and Henry G. Bisgaier, New York City (Pattishall, McAuliffe & Hofstetter, Chicago, Ill., and Cahill, Gordon & Reindel, New York City, on brief), for defendants-appellants-cross-appellees.

Before OAKES and CARDAMONE, Circuit Judges, and BARTELS, Senior District Judge.

BARTELS, Senior District Judge:

We are again faced with litigation by two major corporations involving the issue of trademark infringement, the senior user seeking to prevent the use of marks employed by the junior user. Defendants Plus Discount Foods, Inc. ("Foods"), a chain of discount supermarkets, and its parent, The Great Atlantic and Pacific Tea Company, Inc. ("A & P"), appeal from a final judgment entered in the United States District Court for the Southern...

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