G. E. M. Sundries Company, Inc., a Nevada Corporation v. Johnson & Johnson, Inc., a New Jersey Corporation

Appellee brought this action in the Circuit Court of the First Circuit, Territory of Hawaii, to enjoin the appellant from selling products produced by appel-lee and bearing the registered trade name of Johnson & Johnson at less than appellee’s specified minimum fair trade price as authorized by the Hawaii Fair Trade Act (Revised Laws of Hawaii, 1955, c. 205 ). All the facts alleged in the complaint were stipulated or found by the court to be true.

The only defense interposed by the appellant was its contention that the Hawaiian Fair Trade Act was invalid. Sustaining this defense of invalidity the trial court allowed a motion to dismiss and dismissed the complaint.

Upon appeal to the Supreme Court of Hawaii that court reversed the judgment of the Circuit Court, rejecting in toto all of the appellant’s contentions, and holding the Fair Trade Act in question fully valid, saying in its opinion that “the Territory has just as much right and power to enact a Fair Trade Act as Illinois or New York or any of the other States whose Fair Trade Acts have been sustained by the Supreme Court of the United States.”I. Appellant has appealed to this court from that Supreme Court reversal.

Any…