Safeway Stores, Inc. v. Safeway Const. Co.

WEINBERGER, District Judge.

The plaintiff seeks to enjoin the defendant from the use of the word “Safeway” in the conduct of the defendant’s construction business or otherwise.

This case does not involve a trademark infringement. The wrong complained of is an unfair trade practice, so-called “unfair competition” by the defendant in using said plaintiff’s trade name.

The evidence establishes that since 1926 plaintiff, or its predecessors, have continuously owned and operated an extensive grocery business under the name of “Safeway” in Los Angeles and elsewhere in California, and in other states…