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CHARMLEY DRUG SHOP v. GUERLAIN

No. 7323.

113 F.2d 247 (1940)

CHARMLEY DRUG SHOP v. GUERLAIN, Inc.

Circuit Court of Appeals, Third Circuit.

June 25, 1940.

Attorney(s) appearing for the Case

Kraemer, Siegler & Siegler, of Newark, N. J. (Joseph Kraemer, of Newark, N. J., of counsel), for appellant.

Kristeller & Zucker, of Newark, N. J. (Lionel P. Kristeller, of Newark, N. J., and Lewis G. Bernstein, of New York City, of counsel), for complainant-appellee.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

MARIS, Circuit Judge.

This is an appeal by Charmley Drug Shop, the defendant, from a final decree of the District Court for the District of New Jersey granting a perpetual injunction against it at the suit of Guerlain, Inc., the plaintiff.

The plaintiff is the distributor of cosmetics bearing the trade name "Guerlain." Averring that on or about October 8, 1937 it adopted the policy permitted by Section 1 of the New Jersey Fair Trade Act of March 12, 1935,...

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