The opinion of the court was delivered by: KRAFT
Hearing was had and argument heard on the plaintiff's motion for preliminary injunction to enjoin alleged violation of the Pennsylvania Fair Trade Law,
and on the defendant's motion to dismiss this motion. From the evidence and the stipulations of the parties, the court makes the following
1. The plaintiff is a Delaware corporation.
2. The plaintiff has a valid trademark covering the names 'Calso' and 'Calso Supreme.'
4. A substantial part of this gasoline, directed to be made to the plaintiff's specifications, is obtained from the bulk plants of other refiners by the plaintiff's distributors, pursuant to exchange agreements, and the plaintiff furnishes to its distributors certain additives intended to be added to the gasoline by the distributor in conformity with plaintiff's instructions.
5. On September 4, 1956 the plaintiff executed a written agreement with one of the more than 350 Pennsylvania dealers who vend this gasoline. This agreement provided, inter alia, that this dealer would sell Calso (regular) gasoline at 27.9 cents per gallon and Calso Supreme gasoline at 30.9 cents per gallon unless and until otherwise instructed by the plaintiff; and, that this dealer would not sell such gasoline except at prices fixed by the plaintiff.
6. The defendant is a Pennsylvania dealer who sells gasoline so purchased from plaintiff's distributor.
7. There is no agreement, written or oral, between plaintiff and defendant.
8. On or about September 5, 1956 defendant received from plaintiff written notice of the aforesaid agreement.
9. The defendant was advised by letter, dated November 27, 1956, that defendant's failure to abide by the prices fixed by the plaintiff pursuant to the aforesaid agreement would result in legal action by plaintiff against defendant.
10. The defendant thereafter sold gasoline purchased from plaintiff's distributor at prices other than those fixed by the plaintiff in or under the terms of the aforesaid agreement.
11. The plaintiff seeks to prevent sales by the defendant at any prices other than those fixed by the plaintiff, from time to time, in accordance with the aforesaid agreement.
12. There is no sufficient credible evidence on the present record which convinces the court that the matter in ...