Lionel Corp. v. Klein

Bramhall, Vice Chancellor:

Plaintiff is engaged in the manufacture and sale of toy electric trains which it sells to distributors, wholesalers, and retailers under the brand or trade names of “Lionel” and “Lionel Trains”, and in containers which bear plaintiff’s name and said brand or trade names. The word “Lionel” is a registered trade-mark of plaintiff.

Plaintiff has entered into contracts known as “Retail Price Maintenance Agreements”, or “Fair Trade Agreements” with many of the retail dealers who sell plaintiff’s products in the State of Delaware. Plaintiff has also issued train catalogues…