Sunbeam Corp. v. Payless Drugstores
Sunbeam Corp. v. Payless Drugstores
Opinion of the Court
Subsequent to the opinion and order filed by this Court in this action, reported in 113 F.Supp. 31, the hereinafter named parties have entered into a stipulation for final judgment and decree of
It appearing to the Court that defendants Skaggs Pay Less Drug Stores, a corporation, Pay Less Drug Store, a copartnership consisting of L. J. Skaggs, and Mary Skaggs, L. J. Skaggs, Mary Skaggs, L. H. Vierk and Glynn E. Tucker, all by Edward B. Kelly, Esq., on behalf of M. W. Dobrzensky, Robert S. Rutledge and Messrs. Fitzgerald, Abbott and Beardsley, have jointly and severally consented and stipulated with plaintiff that this Final Judgment and Decree of Permanent Injunction may be rendered and issued herein, Herman T. Van Mell, Esq., Stanley A. Weigel, Esq., and Messrs. Landels and Weigel having appeared herein as attorneys for plaintiff; good cause appearing therefor from said stipulation and from the pleadings, affidavits, exhibits, briefs, memoranda, files and other documents introduced or presented herein; Findings of Fact and Conclusions of Law having been waived by stipulation of the parties;
Now, therefore, it is hereby ordered, adjudged and decreed that a permanent injunction be and the same is hereby granted plaintiff and that you, defendants Skaggs Pay Less Drug Stores, a corporation; Pay Less Drug Store, a copartnership composed of L. J. Skaggs and Mary Skaggs; L. J. Skaggs, Mary Skaggs, L. H. Vierk and Glynn E. Tucker, and each and all of you, and the agents, executives, officers, employees, subsidiaries, instrumentalities, affiliates, successors and assigns of you and each of you, and all persons acting in aid or in behalf of, or in concert with, you or any of you, whether you or any of you or any person or class of persons herein-above referred to act as principal, agent, employee, servant or in any other capacity, be, and are hereby permanently restrained and enjoined.
1. From inducing or attempting to induce any person, firm or corporation who or which has entered into a Sunbeam Retailers Fair Trade Contract with plaintiff to breach or violate said contract by selling to you or any of you, or any broker, agent or representative for you or any of you, any goods or appliances identified by any of plaintiff’s trademarks (including, but not limited to, “Sunbeam”, “Mixmaster”, “Coffee-master”, “Ironmaster”, “Shavemaster” and “Rain King”) at less than the prices now stipulated therefor by plaintiff pursuant to such contract, or at less than such prices as may hereafter be so stipulated with respect to any and all such goods or appliances (whether now or hereafter produced or distributed by plaintiff) and of which prices and products you have or are given notice; from purchasing or attempting to purchase from any such person, firm or corporation any such goods or appliances at less than such prices; from seeking, inducing or causing any violation of any provision of any such contract, directly or indirectly, or by any means whatsoever;
2. From inducing or attempting to induce any person, firm or corporation who or which has entered into a Sunbeam Distributors Fair Trade Contract with plaintiff to breach or violate the same by selling to you or any of you, or to any broker, agent or representative for you or any of you, any goods or appliances identified by any of plaintiff’s trademarks in violation of paragraph 4 of such contract; from purchasing or attempting to purchase any such goods or appliances from any such person, firm or corporation in violation of said paragraph 4; from seeking, inducing or causing any violation of any provision of any such contract, directly or indirectly, or by any means whatsoever;
3. From inducing or attempting to induce any person, firm or corporation to enter into any Sunbeam Distributors Fair Trade Contract or any Sunbeam Retailers Fair Trade Contract with plaintiff for the purpose of obtaining and supplying to you or any of you, or any broker, agent or representative for you or any of you, any such goods or appliances in violation of any such contract or of any provision thereof;
A copy of the Sunbeam Distributors Fair Trade Contract referred to above is attached hereto as Exhibit B and incorporated herein by reference. A copy of the Sunbeam Retailers Fair Trade Contract referred to above is attached hereto as Exhibit C and incorporated herein by reference. The prices referred to above now stipulated for the goods and appliances identified by plaintiff’s trademarks pursuant to the Sunbeam Retailers Fair Trade Contract are set forth in said Exhibit A. The prices now in effect and stipulated under the Sunbeam Distributors Fair Trade Contracts, referred to in paragraphs numbered 2 and' 3 of this Final Judgment and Decree of Permanent Injunction, are those set forth in Exhibit D hereof, hereunto attached and incorporated herein by reference.
Reference
- Full Case Name
- SUNBEAM CORPORATION v. PAYLESS DRUGSTORES
- Status
- Published