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FOOD CENTER, INC. v. FOOD FAIR STORES, INC.

Nos. 6605, 6606.

356 F.2d 775 (1966)

FOOD CENTER, INC., et al., Plaintiffs, Appellants, v. FOOD FAIR STORES, INC., et al., Defendants, Appellees. FOOD FAIR STORES, INC., et al., Defendants, Appellants, v. FOOD CENTER, INC., et al., Plaintiffs, Appellees.

United States Court of Appeals First Circuit.

Decided March 4, 1966.

Attorney(s) appearing for the Case

Frank L. Kozol, Boston, Mass., with whom Joel A. Kozol and Friedman, Atherton, Sisson & Kozol, Boston, Mass., were on brief, for Food Center, Inc. and others.

James P. Lynch, Jr., Boston, Mass., with whom Nutter, McClennen & Fish, Boston, Mass., and Stein, Abrams & Rosen, New York City, were on brief, for Food Fair Stores, Inc. and others.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

The plaintiffs are corporations carrying on a retail supermarket grocery business in Massachusetts under the name "New England Food Fair". The defendant corporations operate the nation's fifth largest chain of grocery supermarkets under the name "Food Fair" in fifteen states, but not yet in Massachusetts. Plaintiffs seek to enjoin defendants from operating under the name "Food Fair" in "the Massachusetts area" and defendants by counterclaim...

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