Parke, Davis & Co. v. Rocket Drugs, Inc.

EDELSTEIN, District Judge.

This is a motion seeking a preliminary injunction to enjoin defendant’s sale of plaintiff’s products at lower than “fair trade” prices. Plaintiff is a manufacturer of pharmaceuticals, ethical drugs, medicines, preparations and other drug commodities. Its products bear one or more of plaintiff’s trademarks. Defendant operates a drug store engaged in the business of selling drugs and sundries in New York City. It is alleged that defendant operates an aggressive price cutting establishment known as a “discount drug store” operation. Plaintiff has entered into contracts…