National Distillers Products Corp. v. Columbus Circle Liquor Stores, Inc.

On this application for a temporary injunction only one point is raised. It is argued that plaintiff is not entitled to the relief it seeks because it has failed to enjoin other retailers who are also violating the fair trade agreements. Defendant did not sign a fair trade agreement, but admits receiving notice and cutting prices. There is no doubt that an issue was raised which, if material, is sufficient to defeat this application. There is nothing in the Fair Trade Act (Laws of 1935, chap. 976; McKinney’s Unconsol. Laws, §§ 2201-2205) which compels the owner of a trade-marked product to…