SAFEWAY STORES v. SUBURBAN FOODS

Civ. A. No. 1814.

130 F.Supp. 249 (1955)

SAFEWAY STORES, Incorporated, a Maryland Corporation, v. SUBURBAN FOODS, Incorporated, a Virginia Corporation.

United States District Court, E. D. Virginia, Norfolk Division.

March 10, 1955.


Attorney(s) appearing for the Case

Breeden, Howard & MacMillan, Norfolk, Va., and Garland Clarke, Washington, D. C., for plaintiff.

James G. Martin, and Kanter & Kanter, Norfolk, Va., for defendant.


BRYAN, District Judge.

"Saveway", adopted by the defendant in 1954 as a part of a trade name for a local retail self-service grocery at Norfolk, Virginia, is denounced by the plaintiff as an infringement of the trade name of "Safeway" which it has used continuously in Virginia since 1942, and elsewhere since 1926, to designate each of the cash-and-carry grocery stores in its national chain. Condemning it as unfair competition at common law, Safeway Stores, Incorporated...

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