Burroughs Wellcome & Co. v. Johnson Wholesale Perfume Co.

This action was brought by the plaintiff under the Fair Trade Act of this state, Cumulative Supplement, 1939, § 921e, seeking an injunction and damages. It bases its cause of action on subsection (f) of the act, which reads as follows: “Wilfully and knowingly advertising, offering for sale or selling any commodity at less than the price stipulated in any contract entered into pursuant to the provisions of this chapter, whether the person so advertising, offering for sale or selling is or is not a party to such contract, is unfair competition and is actionable at the suit of any person damaged…