DAWN DONUT COMPANY v. HART'S FOOD STORES, INC.

No. 108, Docket 25110.

267 F.2d 358 (1959)

DAWN DONUT COMPANY, Inc., Plaintiff-Appellant, v. HART'S FOOD STORES, INC. and Starhart Bakeries, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 21, 1959.


Attorney(s) appearing for the Case

Townsend F. Beaman, Jackson, Mich. (Charles Shepard, Rochester, N. Y., on the brief), for plaintiff-appellant.

Justin L. Vigdor, Rochester, N. Y. (MacFarlane, Harris, Martin, Kendall & Dutcher, Rochester, N. Y., on the brief), for defendants-appellees.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.


LUMBARD, Circuit Judge.

The principal question is whether the plaintiff, a wholesale distributor of doughnuts and other baked goods under its federally registered trademarks "Dawn" and "Dawn Donut," is entitled under the provisions of the Lanham Trade-Mark Act to enjoin the defendant from using the mark "Dawn" in connection with the retail sale of doughnuts and baked goods entirely within a six county area of New York State surrounding the city of Rochester. The primary...

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