National Grocery Co. v. National Stores Corp.

Bentley, Y. C.

This is a bill to enjoin the defendant from the use of the word “National” in its corporate name or in connection with its grocery stores. Some confusion appears to have existed 'in the mind of the complainant as to the character of the suit under its bill. Its counsel has repeatedly said, both in argument and in his brief, that it is not a suit to restrain unfair competition. However, it seems to me that it must of necessity be such a suit, because it is beyond argument that it must fall either into the category of such a suit or else of one to protect a trade-mark. Manifestly,…