Legal Opinion

Schering Corporation v. Sun Ray Drug Co., a Pennsylvania Corporation and Consolidated Sun Ray, Inc., a Delaware Corporation

Court of Appeals for the Third Circuit

Decided July 8, 1963No. 14256_1PublishedCited by 11 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

This appeal from the District Court’s Order granting a preliminary injunction restraining defendant from selling Coricidin, plaintiff’s trademarked product, below its fair trade price, in unfair competition as that term is defined in the Pennsylvania Fair Trade Act, 1 presents two issues:(1) Did the District Court err in finding that the requisite jurisdictional amount of $10,000 has been established?(2) Did the District Court abuse its discretion in granting a preliminary injunction?

The following findings of fact were made by the District Court following hearings had…

2Cases cited8 opinions

  1. Dan Lind v. Schenley Industries IncCourt of Appeals for the Third Circuit · 1960
  2. Joseph Bancroft & Sons Co. v. Shelley Knitting Mills, Inc.Court of Appeals for the Third Circuit · 1959
  3. Ambassador East, Inc. v. Orsatti, Inc., and Arnold OrsattiCourt of Appeals for the Third Circuit · 1958
  4. Seagram-Distillers Corporation, a Delaware Corporation v. New Cut Rate Liquors, Inc.Court of Appeals for the Seventh Circuit · 1957
  5. John B. Kelly, Inc. v. Lehigh Nav. Coal Co.Court of Appeals for the Third Circuit · 1945

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

3Cited by11 opinions

  1. Benjamin Spock v. Bert A. David, Commander, Fort Dix Military Reservation, and Melvin Laird, Secretary of DefenseCourt of Appeals for the Third Circuit · 1972
  2. Christopher v. SmithKline Beecham Corp.Court of Appeals for the Ninth Circuit · 2011
  3. United States v. Fred A. Brown and Jennie B. Brown, Doing Business as Gem DairyCourt of Appeals for the Tenth Circuit · 1964
  4. Peter Maas v. United StatesCourt of Appeals for the D.C. Circuit · 1966
  5. Comprehensive Group Health Services Board Directors v. Temple University of the Commonwealth System of Higher EducationDistrict Court, E.D. Pennsylvania · 1973

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

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