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SAFEWAY STORES, INCORPORATED v. SAFEWAY PROPERTIES, INC.

197 F.Supp. 938 (1961)

SAFEWAY STORES, INCORPORATED, Plaintiff, v. SAFEWAY PROPERTIES, INC., Defendant.

United States District Court S. D. New York.

September 27, 1961.

Attorney(s) appearing for the Case

Fennelly, Douglas, Eagan, Nager & Voorhees, New York City, for plaintiff; William P. Lage, Charles J. Nager, New York City, of counsel.

Fried, Beck, Tannenbaum, Ruggieri & Field, New York City, for defendant; David Halperin, New York City, of counsel.

CASHIN, District Judge.

This is a motion pursuant to Rule 65 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for a preliminary injunction restraining defendant from using the word "Safeway" in connection with defendant's business.

Plaintiff, a Maryland corporation, is the second largest national food chain with approximately 2,000 stores in 30 states and the District of Columbia, and an additional 200 stores in Canada operated

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