Johnson v. Bellmore Sales Corp.

PALMIERI, District Judge.

This is an application for a preliminary injunction against defendant’s sale of plaintiff’s trade-marked products for less than the minimum fair trade price. Jurisdiction is based on diversity of citizenship.

Defendant does not deny that it sells plaintiff’s products at prices lower than those specified in plaintiff’s fair trade contracts. Three defenses have been asserted :

First, it is contended that plaintiff has been lax in its enforcement program, particularly during the period prior to January 1, 1960, and is therefore precluded from seeking injunctive relief. As…