Upjohn Company v. Liberty Drug Co.

LEVET, District Judge,

This is a motion for a preliminary injunction to enjoin the defendant from ad vertising, offering for sale or selling at retail merchandise bearing plaintiff’s trademarks or brand names for prices less than those stipulated in plaintiff’s fair trade contracts in effect with certain retailers in the State of New York.

The plaintiff is a manufacturer of ethical pharmaceuticals and other drug products, all of which bear the trademark, “Upjohn,” together with individual product marks, including “Unicaps,” “Zymacaps,” “Zymadrops,” “Kaopectate,” “Cheracol” and “Cebenase.”

The…