Home > Journals > Michigan Law Review > MLR > Volume 41 > Issue 4 (1943)
Abstract
Masonite Corporation, the principal defendant, manufactured and sold for construction purposes a patented wood product known as "hardboard." The other defendants sold, and many of them manufactured, building materials, several having patents that competed with Masonite. After a short period of patent litigation between Masonite and one of its chief competitors, a plan was devised and gradually extended to the other defendants, by which the latter were constituted the del credere agents of Masonite to sell its product at prices and according to terms which it should establish. The agents were not to use the trademarks of Masonite; and the manufacturer undertook, on the request of any agent, to mark the product consigned to it with the agent's name or trademark. In a suit instituted by the United States to restrain the parties from an alleged violation of sections one and two of the Sherman Act, an injunction was denied by the district court. Held, the defendants were unlawfully combined in restraint of trade, and the injunction should issue. United States v. Masonite Corporation, 316 U. S. 265, 62 S. Ct. 1070 ( 1942), rehearing denied June 8, 1942, 316 U. S. 713, 62 S. Ct. 1302.
Recommended Citation
Michigan Law Review,
TRADE RESTRAINTS - RESALE PRICE MAINTENANCE - USE OF COMPETITORS AS AGENTS,
41
Mich. L. Rev.
744
(1943).
Available at:
https://repository.law.umich.edu/mlr/vol41/iss4/19