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ROSSO & MASTRACCO v. GIANT FOOD SHOPPING CENTER

104 S.E.2d 776 (1958)

200 Va. 159

ROSSO & MASTRACCO, Incorporated, Trading as Giant Open Air Market, v. GIANT FOOD SHOPPING CENTER OF VIRGINIA, Incorporated, Giant Food Shopping Center, Incorporated, a Delaware Corporation, and Lebrad, Incorporated, etc.

Supreme Court of Appeals of Virginia.

Rehearing Denied October 13, 1958.

Attorney(s) appearing for the Case

Joseph E. Baker, M. R. Broudy, Norfolk (Richard F. Broudy, Broudy & Broudy, Norfolk, on brief), for appellant.

Thomas H. Willcox, Norfolk (William P. Dickson, Jr., Norfolk, Raymond R. Dickey, Bernard Gordon, Robert F. Rolnick, Washington, D. C., Willcox, Cooke, Savage & Lawrence, Norfolk, Danzansky & Dickey, Washington, D. C., on brief), for appellees.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, and SNEAD, JJ.

SPRATLEY, Justice.

Rosso & Mastracco, Incorporated, a Virginia corporation, trading as Giant Open Air Market, instituted this proceeding to enjoin the defendant, Giant Food Shopping Center of Virginia, Incorporated, from using the word "Giant," or any similar name or designation, in the conduct of the business of the latter, then or thereafter to be conducted in the City of Norfolk, Virginia, and the surrounding area...

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