TRADE RESTRAINTS-FAIR TRADE ACTS - USE OF TRADING STAMPS

The plaintiff filed a bill in equity to restrain by injunction an alleged violation of the Pennsylvania Fair Trade Act. The violation charged was the issuance by the defendant retailer of yellow trading stamps, when requested, on all purchases of merchandise, including trade-marked articles manufactured by the plaintiff in relation to which, as the defendant well knew, the plaintiff had made contracts fixing the resale price. The chancellor dismissed the bill. Held, judgment affirmed.

The issuance of the trading stamps was not a violation of the Fair Trade Act. Even assuming that it was a violation, the invasion was not substantial enough to warrant an injunction. Two justices dissented. Bristol-Myers Co. v. Litt Bros., Inc., 336 Pa.

81, 6 A. (2d) 843 (1939).