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Intellectual Property Keyed to Merges
Dawn Donut Company, Inc. v. Hart’s Food Stores, Inc
Facts
Dawn Donut Company, Inc. (Plaintiff) sold doughnut mix in several states at ate wholesale level, including areas of New York. The buyers of the mixes were allowed to call themselves “Dawn Donut Shops.” Dawn Donut Co. (Plaintiff) registered the name “Dawn” in connection with doughnuts. After this, Hart’s Food Stores, Inc. (Defendant) began selling “Dawn Donuts” in six New York counties next to Rochester. Plaintiff did not distribute mix in this area and brought an action seeking to enjoin Defendant’s use of the name. The district court dismissed the action and Plaintiff appealed.
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