Fairway Foods, Inc., a Corporation v. Fairway Markets, Inc., and Raisin Markets, Inc.

Plaintiff, under the title “Twin City Wholesale Grocer Company” which later changed its title to “Fairway Foods, Inc.”, a Minnesota corporation organized in 1914, filed under its original name its complaint for injunction and damages in the United States District Court for the Southern District of California, Central Division, in which complaint it was alleged that defendant Fairway Markets, a California corporation, was infringing its registered trade marks and was practicing unfair competition against it. Thereafter plaintiff by supplemental complaint corrected its title in the action to conform to the change of name. The defendant answered adequately denying the said allegations and cross-complained asking that plaintiff be enjoined from using the word “Fairway” upon its threatened entry into the territory in which defendant was doing business under the name of “Fairway Markets”.

The district court denied relief to plaintiff and awarded injunctive relief to defendant against plaintiff in one inclusive judgment. 118 F.Supp. 840 . The plaintiff is here appealing from the judgment in toto.

In order to minimize confusion as to the party being referred to in the course of this…