v2508-1034

12

.v^)LMiaiii s saiL's ii lis ii'iaii sioj-es under the name

"Safeway" aggregate in excess of one-half billion

dollars per year (Tr. 128, 132) and in the communities

served by it, its stores regularly serve approximately

sixty (60) per cent of the public (Tr. 137).

In addition to its use of "Safeway" as a trade

name, appellant sells certain of its more important

products, notably vegetables and many of its meats,

under the mark or name "Safeway" (Tr. 247-250,

Pat. Oft'. Rec. Selby dep. Exs. 11-41). These exhibits

show that appellant advertises its meats and vege-

tables as "Safeway Meats and Vegetables." It does

not use the name "Safeway" as a brand name or

mark on its paper products, Ijut they are, of course,

sold under the name "Safeway" in the "Safeway"

stores.

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archive.org Volume Name: govuscourtsca9briefs2508

Volume: http://archive.org/stream/govuscourtsca9briefs2508

Document Link: http://archive.org/stream/govuscourtsca9briefs2508#page/n1033/mode/1up

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