Fairway Foods, Inc. v. Fairway Markets, Inc.

WESTOVER, District Judge.

Plaintiff herein is a cooperative, owned wholly by retail grocers located and doing business in the States of Minnesota, North Dakota, South Dakota, Wisconsin and Iowa. Plaintiff’s sole business is the procurement and sale of food products to its member grocers, all of whom are located in and doing business exclusively in the five states mentioned. Plaintiff has established in these five states a secondary meaning for the term “Fairway” or “Fairway Foods”, and plaintiff registered the name with the United States Patent Office.

Plaintiff purchases its foodstuffs (which…