Miles Laboratories, Inc. v. Seignious

MYERS, District Judge.

This suit for injunctive relief arises under a South Carolina statute, known as “The Fair Trade Act”. The statute, in effect, provides as follows:

That no contract relating to the ré-sale of a trademarked commodity shall be deemed in violation of law because of either of the following provisions therein contained: (a) That the buyer will not re-sell at less than a fixed price; (b) that any purchaser from the original purchaser shall be required to maintain the price (with certain exceptions as to liquidation sales, damaged goods, and judicial sales); the statute further…