Safeway Stores, Inc. v. Dunnell

DENMAN, Chief Judge.

Appellant, Safeway Stores, Inc., hereinafter called Stores, long user of its corporate name as its trade name, appeals from a judgment of the district court (a) requiring the Commissioner of Patents to grant registration to Dunnell as his trade mark the words “Safe Way”, which his application to the Patent Office states he "used ,* * * for toilet seat covers” and (b) denying to the Stores an injunction against Dunnell and his agents sought in a Stores’ counterclaim restraining him from using the words “Safe Way” in the course of his business of selling the toilet *651seat…