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BULOVA W. CO., INC. v. BRAND D. OF NORTH WILKESBORO, INC.

No. 67.

206 S.E.2d 141 (1974)

285 N.C. 467

BULOVA WATCH COMPANY, INC., a corporation, v. BRAND DISTRIBUTORS OF NORTH WILKESBORO, INC., a corporation, and Robert Yale. BULOVA WATCH COMPANY, INC., a corporation, v. MOTOR MARKET, INC., a corporation, d/b/a Bob's Jewelry & Loan, and Robert Yale.

Supreme Court of North Carolina.

July 1, 1974.

Attorney(s) appearing for the Case

McElwee & Hall by John E. Hall, and W. G. Mitchell, North Wilkesboro, for defendants appellants.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Mark R. Bernstein and W. Samuel Woodard, Charlotte, for plaintiff appellee.

LAKE, Justice.

The pertinent portions of the North Carolina Fair Trade Act, enacted in 1937, are as follows:

"GS 66-52: Authorized contracts relating to sale or resale of commodities bearing trademark, brand or name.—No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, the trademark, brand, or name of the producer or distributor of such commodity and which commodity is in free and open...

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