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GREAT SCOTT FOOD MARKET, INC. v. SUNDERLAND WONDER INC

348 Mass. 320 (1965)

203 N.E.2d 376

THE GREAT SCOTT FOOD MARKET, INC. vs. SUNDERLAND WONDER INC.

Supreme Judicial Court of Massachusetts, Worcester.

January 5, 1965.

Attorney(s) appearing for the Case

Calvin C. Gould (William J. LeDoux with him) for the defendant.

Harry Zarrow for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.

REARDON, J.

This bill in equity brought by The Great Scott Food Market, Inc. (Great Scott), seeks to enjoin the defendant from using the name "The Big G" in connection with any store or business within the Commonwealth of Massachusetts. The plaintiff is a Rhode Island corporation which first engaged in the retailing of food sometime in the late 1930s, doing business under the name of "Great Scott Food Markets." A Massachusetts corporation was formed

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