Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-03-25
stonebraker vs.. Stonebraker.

The following report of the case Of Stone
braker VS.. Stonebraker and others, in the Cir
emit Court Of Baltimore, Judge hlkney, pre-
siding, we take from the Baltimore Gazette,
by which it will be seen that Mr.. Henry Stone
braker has made a successful suit;
CIRCUIT CouRT.-Hon. Judge PiRlney.-
Henry StOuebraker vs.. Samuel Stonebraker
aud Others. This case is for an injunction re-
straiuiug defendants from initiating aud selling
the complanant's patent medicines aud for an
account of the profits made by them as belong
ing in equity to him. A preliminary injunc-
ton was granted, aud the case was brought
before the Court Cor final hearing upon bill, an
swers and testimony. The Court has filed its
opinion. i'm which after detailing the facts OF
the case as shown in the evidence. it concludes
as follows: In this case the defendants have
used the name Of he complainant, which he
used To designate the medicines and prepara-
tons as las, with the addition of doctor; that
is, Doctor Sionehraker's Medicines" &c;
they have used the names used by hin 10 des-
gnaie the specific articles they have used on
tier wrappers and labels the language Of the
complainant on his wrappers and labels; and
they have gone further, as if 10 leave no doubt
Of their fraudulent intent and have printed on
the wrappers of some of heir medicines aud
preparations the certificates given % the COM
plaiuant i'm recommendation Of has medicines
and preparations. Finally, the evidence shows
that the design Of the defendants 10 impose
their medicines and preparations upon tho
market as those of the complainant was per-
feet success. They were even able 20 misload
1. ,ol 4 NJ
Gosman. Mr.. Erickson, and Dir. Francis Nolk.
I am of opinion that the complainant is ent-
tied to relief. and herewith file decree in ae-
coraance with heyiewshercin before expressed.
The decree perpctuay enioins the defen-
dants Samuel Stonebraker aud Henry X. lloff-
m,n. their servants and agents, from manuiac-
turing or initiating any of the medicines or
preparations which, prior to the 10th OF De-
cemher. 1866. had been known as Stonebraker's
Medicines or Preparations, and from selling
any medicines, &C., under the names or title
Of such medicines. &c. except stock in tho
hands of Stonebraker. Hoffman & Co., on the
10th Of December 1866, and perpetually en-
ioning the said Saml. Stonebaker. Henry X.
Hoffman. Abraham S. Stonebraker, l.. Passano,
Wm. p. Clotworthy aud Chas. A. Clotworthy.
their agents and servants. from counterfoiiing
or initiating the trademarks. labels. wrappers,
&c. Of the complainant Henry Stonebraker,
bv him used on certain medicines, &c. known
as /" Stonebrakers Nerve and Bone Liniment,
&" Stouebrakcr's Balsam or Pain Killer"
Stonehraker's Dyspepsia Btters and Invigo-
rator." " Stonebraker's Rat and Roach Exter-
minator." Stonehraker's Horse and Cattle
Powders" Stonebrakers Vegetable Cough
Syrup" and Stonebraker's Bcd-Bug Exter-
miuator"
Tt is further decrecd that the said Samuel
Stonehrak- r, Henry X Hoffman, Leonard Pas.
sano. Abraham S.onebrakcr. William p. Clot-
worthy and Charles a. Clotworthy account
with the said Henry Stonebraker Of and for all
medicines, &c, hy them since December 10th.
( 1866 manufactured or sold under any ~ the
names hereinbefore set out. and wherewith
they have used any Of the labels, &C.. which
have been produced and given in evidence in
this cause The Injunction heretofore granted
is modified to conform 10 the provisions Of this
Decree