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PLUS PRODUCTS v. PLUS DISCOUNT FOODS, INC.

No. 80 Civ. 6224 (RWS).

564 F.Supp. 984 (1983)

PLUS PRODUCTS, Plaintiff, v. PLUS DISCOUNT FOODS, INC. and The Great Atlantic & Pacific Tea Company, Inc., Defendants.

United States District Court, S.D. New York.

February 18, 1983.

Attorney(s) appearing for the Case

Townley & Updike, New York City, for plaintiff; James B. Swire, Robert L. Raskopf, New York City, of counsel.

Pattishall, McAuliffe & Hofstetter, Chicago, Ill., Cahill, Gordon & Reindel, New York City, for defendants; Robert M. Newbury, Mark V.B. Partridge, Chicago, Ill., of counsel.

OPINION

SWEET, District Judge.

Plaintiff Plus Products ("Products") commenced this trademark infringement and unfair competition action against defendants Plus Discount Foods, Inc. ("Foods") and its parent The Great Atlantic & Pacific Tea Company, Inc. ("A & P"), seeking to enjoin Foods from the use of the mark "PLUS" with respect to its retail food stores and private label brands. On the basis of the...

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