Question: The Stop Shop Supermarket and Big Y Foods are
The Stop & Shop Supermarket and Big Y Foods are supermarkets offering the same services and competing for the same customers. In an advertisement introducing its new, easy-to-use scan saver cards, Stop & Shop Supermarket used the slogan "It's that Simple." The supermarket used the slogan in radio, television, and print advertisements. The service mark was licensed to the supermarket by plaintiff Fullerton, who owns the right to the service mark. After Stop & Shop started using the slogan, Big Y Foods began to use a similar slogan, "We Make Life Simple." Both service marks are always accompanied by the name of the store. Fullerton and Stop & Shop Supermarket brought an action alleging infringement of the service mark. Do you think that the court granted the injunction? Why or why not?
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