Helena Rubinstein, Inc. v. Charline's Cut Rate, Inc.

The opinion of the court was delivered by

Heher, J.

Complainant’s business is the marketing of cosmetics and beauty preparations under its own trade-marks and brands. The bill pleaded the resale by defendant, continuously from November, 1941, to May, 1942, in the conduct of its business in the City of Summit, of certain of complainant’s products below minimum resale prices fixed by contract with retailers pursuant to R. S. 56:4—3, e t seq., popularly known as the “Pair Trade Act,” and charged that thereby defendants were guilty of unfair competition to the detriment of complainant’s good will.…