Again, Elgin Enforces Fair Trade Contract
Upon filing the complaints the company won injunctions in the Wayne County Circuit Court which prevent the defendants from advertising, offering for sale or selling any Elgin watches at less than the retail resale prices set by the company. Both of the Detroit firms are also enjoined from using the trademark "Elgin." "Lord Elgin" and "Lady Elgin" so as to in any way injure the good will of plaintiff.
Furthermore, the injunctions prohibit defendants from "accepting articles of a nominal value and the giving of a trade-in allowance therefor in excess of the reasonable value thereof." They also restrain them from selling or advertising isolated models of Elgin watches for sale as "close-outs." Finally, both are banned under the court order from representing themselves as wholesale dealers of the company's products.
The temporary restraining order issued upon the application of the Elgin National Watch Company last January by the United States District Court at Dayton, Ohio, (see our March issue) was made permanent by the Court on April 9th. This temporary restraining order enjoined Bohlender and Royson store there and Jack Weist, auctioneer, from sel1ing Elgin watches in an auction they were then conducting at less than the retail resale prices established by the Company under this fair trade act.
The temporary order was obtained within a few days after the auction at the Bohlender and Royson store was started and protected the prices on Elgins until the case could be regularly brought on for trial.