Legal Opinion

Schering Corp. v. Martin Wholesale Distributors, Inc.

District Court, E.D. Pennsylvania

Decided December 28, 1962No. Civ. A. No. 31979PublishedCited by 4 opinions

1Opinion of the Court

FREEDMAN, District Judge.

Plaintiff is engaged in the manufacture and sale of drugs and pharmaceutical products, among them a cold remedy “Coricidin”. It seeks a preliminary injunction restraining defendant from sellr ing Coricidin, which is a trademarked product, below its fair trade price.

At the hearing there was no dispute that plaintiff had established a fair trade price for its Coricidin products (N.T. 3), as required by the Pennsylvania Fair Trade Act (Act of June 5, 1935, P.L. 266 §§ 1, 2, as amended, 73 P.S. §§ 7, 8). Nor was there any dispute that defendant had made sales of Coricidin…

2Cases cited10 opinions

  1. Ambassador East, Inc. v. Orsatti, Inc., and Arnold OrsattiCourt of Appeals for the Third Circuit · 1958
  2. John B. Kelly, Inc. v. Lehigh Nav. Coal Co.Court of Appeals for the Third Circuit · 1945
  3. Gillette Co. v. MasterSupreme Court of Pennsylvania · 1962
  4. Gulf Oil Corp. v. MaysSupreme Court of Pennsylvania · 1960
  5. Mead Johnson & Co. v. Martin Wholesale Distributors, Inc.Supreme Court of Pennsylvania · 1962

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. John J. & Warren H. Graham v. Triangle Publications, Inc.District Court, E.D. Pennsylvania · 1964
  2. Graham v. Triangle Publications, Inc.Court of Appeals for the Third Circuit · 1965
  3. Menley & James Laboratories v. Vornado, Inc.New Jersey Superior Court Appellate Division · 1966
  4. John J. Graham and Warren H. Graham v. Triangle Publications, Inc. (Counterclaimants) (Appellee) v. John J. Graham (Counter-Defendants), and Delaware Valley Newsdealers' Association(additional Counterdefendant)Court of Appeals for the Third Circuit · 1965

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