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SAFEWAY STORES, INC. v. SAFEWAY QUALITY FOODS, INC.

No. 17579.

433 F.2d 99 (1970)

SAFEWAY STORES, INCORPORATED, a corporation, Plaintiff-Counter-defendant-Appellant, v. SAFEWAY QUALITY FOODS, INC., a corporation; Safeway of Brownsburg, Inc., a corporation; Supermarket Developers, Inc., a corporation; Michael DeFabis, Jr.; Philip DeFabis; Julius DeFabis; Ernest DeFabis and Roy M. Vittorio, Defendants-Counterclaimants-Appellees.

United States Court of Appeals, Seventh Circuit.

As Modified on Denial of Rehearing and Rehearing Denied October 21, 1970.

Attorney(s) appearing for the Case

R. J. Lindquist, Jr., R. C. Stanton, Oakland, Cal., Harry T. Ice, James E. Hawes, Jr., Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for appellant.

Thomas M. Scanlon, Patrick J. Fisher, Indianapolis, Ind., for appellees.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

As Modified on Denial of Rehearing and Rehearing En Banc Denied October 21, 1970.

DUFFY, Senior Circuit Judge.

This suit is based on alleged trademark infringement and related unfair competition. Plaintiff seeks to enjoin defendants' use of the word "SAFEWAY" in connection with their operation of certain grocery stores in the Indianapolis, Indiana Metropolitan Area, and also to enjoin the use of "SAFEWAY" as a part of the corporate name and business name of...

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