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SAFEWAY STORES, INC. v. SAFEWAY DISCOUNT DRUGS

No. 80-5823.

675 F.2d 1160 (1982)

SAFEWAY STORES, INCORPORATED, Plaintiff-Appellant, Cross-Appellee, v. SAFEWAY DISCOUNT DRUGS, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 10, 1982.

Attorney(s) appearing for the Case

Smathers & Thompson, David S. Batcheller, Robert Willise Wells, Miami, Fla., for plaintiff-appellant, cross-appellee.

Scherman & Zelonker, P. A., Regina F. Zelonker, Paul I. Scherman, Hialeah, Fla., for defendant-appellee, cross-appellant.

Before TUTTLE, KRAVITCH and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge:

Safeway Stores, Inc. appeals the district court's denial of an injunction preventing Safeway Discount Drugs, Inc. (Discount) from any use of the word Safeway. Discount cross appeals, urging that this Court overturn the district court injunction limiting the manner in which Discount may use the word. We reverse and rule in favor of Safeway Stores.

I.

Safeway Stores sued Discount after it had received a dunning letter from one...

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