Legal Opinion
Upjohn Co. v. Barbarand Merchandise Corp.
District Court, S.D. Florida
Decided July 16, 1960PublishedCited by 3 opinions
1Opinion of the Court
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.
There is no dispute as to what occurred; defendant does not deny that its sales of plaintiff’s products are in violation of the New York Fair Trade Act (Feld-Crawford Act), N.Y.General Business Law § 369-b, McKinney’s Consol. Laws, c. 20. Two defenses are raised. First, defendant asserts that plaintiff’s application for a preliminary injunction comes too late.…
2Cases cited6 opinions
- Sunbeam Corporation v. Golden Rule Appliance Co., Inc.Court of Appeals for the Second Circuit · 1958
- Seagram-Distillers Corporation, a Delaware Corporation v. New Cut Rate Liquors, Inc.Court of Appeals for the Seventh Circuit · 1957
- General Electric Co. v. R. H. Macy & Co.New York Supreme Court · 1951
- Upjohn Company v. Liberty Drug Co.District Court, S.D. New York · 1959
- Sunbeam Corp. v. Gem Jewelry Co.District Court, D. Hawaii · 1957
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Parke, Davis & Co. v. Rocket Drugs, Inc.District Court, S.D. New York · 1963
- Parke, Davis & Company v. Jarvis Drug Co.District Court, S.D. New York · 1962
- Johnson v. Bellmore Sales Corp.District Court, S.D. New York · 1960