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FOOD FAIR STORES v. FOOD FAIR

Civil Action No. 7375.

83 F.Supp. 445 (1948)

FOOD FAIR STORES, Inc. v. FOOD FAIR, Inc.

United States District Court D. Massachusetts.

October 1, 1948.

Attorney(s) appearing for the Case

Arthur L. Sherin, of Boston, Mass., and Stein & Stein, of Union City, N. J., for plaintiff.

Maurice Tobey, of Boston, Mass., for defendant.

WYZANSKI, District Judge.

Plaintiff seeks relief under general principles of tort law and under Mass.St.1947, c. 307, Mass.G.L.(Ter.Ed.) c. 110, § 7A, against defendant's alleged infringement of plaintiff's unregistered trade name, Food Fair.

Plaintiff is a Pennsylvania corporation. It operates a chain of super-markets which sell at retail groceries, provisions, fish, meats, fruits, vegetables and other products customarily sold in food stores. Originally...

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