The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1853-09-09
FACTS FOR THE PEoHE!
IMPORTANT LAW DECISONS!!
PRESENT LAWS OF INUA ANAL!
rAEIp'2alN 20 TIE PUBLICAN

rINHAT the principle establishing the rghof property
in the names, marks or synbos. by wich an article
has be ONE known IN the market, as eomriei! us the
right of property in houses and lands that the i'm
frinyement of this right by using the same mark
symbol by others in fraudulent imitation is PUNISH
able by damages and restrained by inlunc m Is prn
ciple SO universally recognized law that STORY
in applying the doctrine in where thearks upon
Spoois CT thread had been Initiated deemeit nnneces
sary TO quote any specific cases remarking t the prin
cpe upon which they had been decided we too tamil
lar to the profession TO admit of any judiel doubt
Many cases ght be cited i'm New York and her
one of which is Goats Ell. al Sheppard ct (see San
ford's Chancery Reports p. 5S6.) says No son has
right th, names, marks letters syrsis which
another has gotup or beet accustomed 10 us ns
uacture or business Equity will retain sub eceptiyc
and fraudulent use of trade marks by inunctonnd will
decree account for damages. Similar deists have
recently been made in the Supreme Court d Rode Is
land in the of Perry Davis kGeo. csdalso in
Ohio in an action DIR. Geo. w Denig Chllthe in
all of which the defendants charged with g the
name pain Killer on their own preparations hmita.
ton Of and to she detrmen of Perry Davis the " nal
, inventor The case of Davis VS.. Kendall was AIRED at
the March term by Carpenter 81 Bradley for tn pntif
, nd Ames d Paine for the defendeni The Couneld
That a may have property in trade mark ,hich
is entitled the protection of law. Cd, The lat of
property in the trademarks not in the compu,l TO
which they affixed. Sd, Any person nay unfac-
ture and sell the compound of the plaintiff but his
manufacture, in such way that the public ma,einis
led to believe it the article. In all the f,pping
cases inuBctions were granted against the dehcnts
Il and publish these facts that may say til were
not of infringing upon the ghs of the )prie-
tors by applying the words Pain Killer 10 their com.
pounds. BY reference TO the laws of Indiana he'd AZ
last session of the legislature it will be seeat an
: Act similar II that of New York was passed. Lhich
rights In this respect protected and in ice TO
the public, as well AS to our-eiyes, deferred TO
enforce il against all who may be found dealing oun.
lv terfet Pain Killer. The world wide reputation our
i medicine, together with its constantly increas de-
a mand has already led to many base limitations arpe
~ quantity has been made at ~. Louis, OF VIA II
feared has found its way along the ohio river anay
o. have been sold TO parties In Evansville. Druggnnd
- country merchants therefore cautioned agaibur
chasing Dayis's Pain Killer from certain kofi
!" lars" who offering it by the Box reduced es
"A The bulk and weight of the article, together wine
short profit il pays when sold by the box is e-deIbat
~ no one would be justified in carrying aud oaerithe
genuine in connection with stock of other goodsur
only authorized agent for Indiana and hrn
Illinois is ID. Hunter of Charlottesville, Ind ana,
ers who are supplied directly through him h,t
80 ter only buy from those who POSITIVELY knowbe
regular agents, or have purchased from Office In
cnnati.
For sale by woolsey & Linek, Evansville, who
and retail.