Hudson Distributors, Inc. v. Upjohn Co.

On this appeal, the single question presented is whether the 1959 Fair Trade Act (Sections 1333.27 to 1333.34, inclusive, Revised Code) has the effect of nullifying the decision.of the Supreme Court in Union Carbide & Carbon Corp. v. Bargain Fair, Inc., 167 Ohio St., 182. In that ease, Judge Zimmerman, at page 186, said:

“A majority of this court has reached the conclusion that Section 1333.07, Revised Code, which, prohibits those who are not parties to the stipulated-priee contract from selling trademarked items at a price lower than that stipulated by the manufacturer, is unreasonable and…