Regulation of Business – Sherman Act – Effect of Trade-Mark on Scope of Relevant Market

Defendants are American corporations marketing trade-marked toilet goods obtained from their French affiliates. In each case the French company transferred to the American company trademark rights covering imported products. Pursuant to section 526 of the Tariff Act of 1930 defendants filed with the Bureau of Customs certificates of registration of these trade-marks for the purpose of preventing the competitive importation of products bearing the same trade-marks. In an action by the government charging that utilization of section 526 by each defendant constitutes an attempt to monopolize and a monopolization of the importation and sale of these trade-marked commodities in violation of section 2 of the Sherman Act, held, injunction granted. The relevant market is confined to the trade-marked toilet goods of each defendant. United States v. Guerlain, (S.D. N.Y. 1957) 155 F. Supp. 77.