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ARCO FUEL OIL CO. v. ATLANTIC RICHFIELD COMPANY

No. 69 Civ. 4590.

313 F.Supp. 717 (1969)

ARCO FUEL OIL CO., Inc., Plaintiff, v. ATLANTIC RICHFIELD COMPANY, Defendant.

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

December 3, 1969.

Attorney(s) appearing for the Case

John A. Reilly, New York City, for plaintiff (Donald J. Lisa, Stuart J. Sinder, Alvin O. Sabo, New York City, of counsel).

Rogers, Hoge & Hills, New York City, for defendant (Mercer L. Stockell, James B. Swire, New York City, of counsel).

MEMORANDUM

THOMAS F. MURPHY, District Judge.

Plaintiff moves for a preliminary injunction. It claims that it and defendant sell the same class of products to the same customers in the same area under the same trade name and trademark, ARCO. It poses the question thus: will this court exercise its discretion to prevent a giant corporation of great wealth from seizing by economic force the simple trade name and trademark of a small business of long standing...

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