Legal Opinion
Avon Products, Inc. v. Berson
New York Supreme Court
Decided November 29, 1954PublishedCited by 7 opinions
1Opinion of the CourtEder, J.
Defendants move, under rule 106 of the Rules of Civil Practice, to dismiss the complaint for failure to state a cause of action.
This case presents the question of the limits of judicial intervention in our system of free enterprise. The problem involved is that of balancing the right of a manufacturer to have his method of sales distribution of products protected from wrongful interference as against the right of a retailer to buy and sell merchandise without restriction.
Plaintiff, a well-known manufacturer of cosmetics, seeks to enjoin defendants, operating a retail pharmacy in Brooklyn, New…
2Cases cited19 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- International News Service v. Associated PressSupreme Court of the United States · 1919
- United States v. General Electric Co.Supreme Court of the United States · 1926
- Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
- Lamb v. S. Cheney & SonNew York Court of Appeals · 1920
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3Cited by7 opinions
- Richard S. Simpson v. Union Oil Company of CaliforniaCourt of Appeals for the Ninth Circuit · 1969
- Path Instruments International Corp. v. Asahi Optical Co.District Court, S.D. New York · 1970
- Herzog & Straus, a Partnership Organized Under the Laws of the State of New York v. Grt CorporationCourt of Appeals for the Second Circuit · 1977
- Polymer Technology Corp. v. MimranDistrict Court, S.D. New York · 1994
- Revlon, Inc. v. Crest Distributors, Inc.New York Supreme Court · 1959
2 more not listed; retrieve them via the Exa API.