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PARKE, DAVIS & COMPANY v. ROCKET DRUGS, INC.

214 F.Supp. 937 (1963)

PARKE, DAVIS & COMPANY, Plaintiff, v. ROCKET DRUGS, INC., Defendant.

United States District Court S. D. New York.

March 12, 1963.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, New York City, for plaintiff.

W. Edward Woods, New York City, for defendant

EDELSTEIN, District Judge.

This is a motion seeking a preliminary injunction to enjoin defendant's sale of plaintiff's products at lower than "fair trade" prices. Plaintiff is a manufacturer of pharmaceuticals, ethical drugs, medicines, preparations and other drug commodities. Its products bear one or more of plaintiff's trademarks. Defendant operates a drug store engaged in the business of selling drugs and sundries in New York City. It is alleged that defendant...

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