Safeway Stores, Inc. v. Safeway Furniture Co.

WESTOVER, District Judge.

This is an action for unfair competition. Plaintiff is the owner and operator of a large chain of retail food and grocery stores. The stores sell groceries, meats, vegetables, incidental notions, kitchen hardware, et cetera. Plaintiff and plaintiff’s predecessors since 1925 have been using the name “Safeway”, and the name “Safeway” has attained a secondary meaning in the Southern California area as indicating a retail food and grocery store, operated by plaintiff organization. There is no question that in the minds of thousands of residents of Southern California the…