Landes

This is an appeal from a final decree dismissing a complaint for injunctive relief. The appellant is a corporation organized under the laws of the state of New York, with its principal place of business at Le Roy, in that state, and is engaged in the manufacture and sale throughout the United States and Canada of food products sold under the trade names of Jell-0 and Jell-0 lee Cream Powder. The products are manufactured and prepared in such manner as to comply with the pure food laws of the United States and of the state of Washington. When manufactured, the products are kept and stored by the appellant in the state of New York until shipped to different points throughout the United States and Canada in fulfillment of contracts of sale. The products are sold only to wholesalers, in the original packages. The appellant does not sell directly to either retailers or consumers. In taking orders the appellant contracts and agrees with purchasers that it will, through its own agents, distribute samples of its products to householders, and will in like manner distribute recipe booklets advertising and showing the practical use of the products. The samples and booklets are thus…