Dawn Donut Co. v. Hart's Food Stores, INc., 267 F.2d 358 (1959) p.186

SUBJECT

concurrent use

ISSUE

Whether P is entitled under the provisions of hte Lanham Act to enjoin the defendant from using the mark "Dawn" in connection with the reail sale of doughnuts and bakeed goods entirely within a six county area of New York State.

HOLDING

There is no likelihood of public confusion arising from the concurrent use of the mark and because there is no present likelihodd that the plaintiff will expand its retail use into defendant's market area, plaintiff is not entitled to any relief under the Lanaham Act.

RATIONAL

No likelihood of public confusion and therefore the issuance of an injunciotn is not warranted.

Created on: Thursday, January 27, 2000 at 18:04:46 (PST)