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SAFEWAY STORES v. SAFEWAY FURNITURE CO.

No. 17553.

153 F.Supp. 765 (1956)

SAFEWAY STORES, Incorporated, Plaintiff, v. SAFEWAY FURNITURE CO., Inc., a corporation; Safeway Furniture Co., a co-partnership; Morris Rudner; Gerald Rudner; Rose Rudner, etc., et al., Defendants.

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

June 18, 1956.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, Los Angeles, Cal., for plaintiff.

William B. Magid, Hollywood, Cal., for defendant.

WESTOVER, District Judge.

This is an action for unfair competition. Plaintiff is the owner and operator of a large chain of retail food and grocery stores. The stores sell groceries, meats, vegetables, incidental notions, kitchen hardware, et cetera. Plaintiff and plaintiff's predecessors since 1925 have been using the name "Safeway", and the name "Safeway" has attained a secondary meaning in the Southern California area as indicating a retail food and grocery store...

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