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JOHNSON & JOHNSON v. WAGONFELD

206 F.Supp. 30 (1960)

JOHNSON & JOHNSON, Plaintiff, v. Harry WAGONFELD, Louis Wagonfeld and Max Wagonfeld, individuals doing business as World Merchandise Exchange, Defendants.

United States District Court S. D. New York.

July 22, 1960.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, New York City, George M. Chapman, New York City, of counsel, for plaintiff.

W. Edward Woods, New York City, for defendants.

CASHIN, District Judge.

This is a motion for temporary injunction restraining defendants from advertising, offering for sale, or selling at retail, merchandise bearing plaintiff's trademark or brand name for prices less than those stipulated in plaintiff's fair trade contracts. Jurisdiction of this court is based upon diversity of citizenship. The complaint states a claim under Section 369-a of the New York General Business Law. The verified complaint and the affidavits...

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