Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.

U.S. Court of Appeals, Second Circuit · Decided 1959-05-21

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LUMBARD, Circuit Judge. The principal question is whether the plaintiff, a wholesale distributor of doughnuts and other baked goods under its federally registered trademarks “Dawn” and “Dawn Donut,” is entitled under the provisions of the Lanham Trade-Mark Act to enjoin the defendant from using the mark “Dawn” in connection with the…

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