Tru Val Manufacturers, Inc. v. Tru-Valu Corner, Inc.

The plaintiff sues to obtain a judgment declaring that adoption and use by the defendant of the words “ Tru-Valu ” in its corporate name and in connection with its business constitute unfair competition and an infringement of the plaintiff’s name and trade-mark. The plaintiff moves before me for an injunction pendente lite and the defendant cross-moves to dismiss the complaint for insufficiency upon its face.

I shall consider the cross motion first. The plaintiff alleges that it has enjoyed a long and continuous use of the registered trade-mark “ Tru Val that said trade-mark “ has acquired an…