Kirk v. Big Apple Supermarket of Cleveland

Herbert C. Kirk and Big Apple Supermarket of Tennessee, a Tennessee corporation with situs in Hamilton County, filed the bill herein to enjoin the defendant Big Apple Supermarket of Cleveland from using the trade-name and trade-mark, “Big Apple”, in Cleveland, Bradley County, Tennessee. The Chancellor found that the field of operation being 30 miles apart and in different cities did not overlap and that “little or no confusion is created in the public mind.” Accordingly, the bill was dismissed and from that action complainants prosecute this appeal. For the sake of clarity, it is well to…