The Borden Co. v. Schreder

This is a suit to enjoin the defendant from offering for sale or selling a distinctive trade-marked com- modify called “Hemo” at a price less than the fixed minimum resale price established pursuant to the Fair Trade Act of Oregon (§§ 43-401 to 43-405, inclusive, O. C. L. A.) From a decree dismissing the suit, the plaintiff has appealed.

In January, 1942, The Borden Company, a corporation, placed on the market for sale in Oregon a malted milk preparation called “Hemo,” in free and open competition with other commodities of the same general class, at what it claims was an established minimum…