This witness established that plaintiff's fair-traded products, as shown on price lists marked P-18A and P-19A, are sold in Pennsylvania in fair and open competition with products of the same general class (cosmetic and beauty products) produced or manufactured by Max Factor, Helena Rubinstein, Dorothy Gray, and others (see pp. 4-5, 11-12, 14 and 22 of P-2, and P-3 -- P-5). He also testified that plaintiff had a continuous program of policing Fair Trade contracts and prices in Pennsylvania.
The record clearly establishes sales by the defendant corporations in the fall of 1962 below the established Fair Trade prices of plaintiff. See, for example, paragraph 12 of Answer and paragraph 13 of Complaint, which is admitted in the Answer, as well as the testimony of Miss Rafaj.
From November 1961 to August 1962, form letters were mailed by plaintiff to the corporate defendants enclosing Fair Trade price lists and stating that 'agreements with dealers in our products located in your state pursuant to the Fair Trade Act' had been entered into, which agreements provided 'that our products shall not be sold at less than the established minimum retail Fair Trade prices shown on the enclosed list.'
See P-15, P-1, P-18 and P-19A. Identical letters were sent by registered mail to corporate defendants, but they were returned marked 'Refused.' See P-14, P-16, P-17 and P-19.
Since October 1962, there has been another store in Chester within a block of defendants' Chester store which sells plaintiff's products at less than the minimum Fair Trade prices on the above-described price lists, but notice of these violations at this store was not given to plaintiff by defendants prior to institution of this suit (see D-6, P-21 and P-22).
Since the record does not show that the prices of the following items, sold at special sales at prices less than the prices specified in the Fair Trade price lists (P-18A and P-19A), were included in such Fair Trade price lists, n3 plaintiff is not entitled to a preliminary injunction as to these items: n4
Code# P-18A & P-19A Product Name
0742, 0750 8 Hi and Dri Roll-On Deodorant
with Neomycin n5
0658 11 Top Brass Medicated Hair
0668, 0744 11 Top Brass Roll-On Deodorant
0342 7 Living Curl Hair Spray n6
0197 3 Eterna Cream
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