Food Centers, Inc. v. Davis

MERRILL, Justice.

This is an appeal from a decree which denied the injunctive relief sought by the appellant against the appellees for the latter’s use of a trade name, “Food Center” or “Food Centers,” as part of the name of the appellees’ retail grocery stores, “Home Food Center.”

The complaint alleged that the appellees, “by the use of the sign and words ‘HOME FOOD CENTER’ ” infringed upon the appellant’s registered Trade Marks, “FOOD CENTER” and “FOOD CENTERS.” The complaint also averred that some people, as a result of the appellees’ use of those words, were misled, misinformed and…