Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-03-18
stonebrakerVs. Stonebraker.

The following report Of the case Of Stone
brsker VS. Stanebraker and others, in the Cir
cult Curt Of Baltimore, Judge PiIkuey, pre-
siding we take from the Baltimore Gazette,
by which It will be seen that Mr., Henry Stone
brakcr has made a successful suit:
CiRcUrr CorRr.-Hop Judge PiRkRey.-
Hemv Stluehraker V. Samuel Stone0Taker
and others. This case is for an injunction re-
Observation-Disclosures from initiating and selling
the compl5iuaut's patent medicines, and for an
acc INIT of % o. pr. .iss made by them rs belong
ins iu equity 20 him. a preliminary iujunc-
tflp y7s erutcl. aud the case was brought
Ler.re tie Cunt fr iaal hearing upon ill., an
svrs-s and testimony. The Court has filed its
opiHian. in wli,h, after detailing the facts Of
tie case. rs shown In The evidence il concludes
as fellows: Ia this case the defendants have
used the name Of te complainant, which he
used to designate the medicines and prepara-
tious ss has. with the addition Of doctor; that
Is Doctor Stoucbraker's Medicines" &c;
thcv have used the names used by him TO deS-
iguate the specific articles 4; they have used on
their wrappers and labels the language Of the
complainant on his wrappers and labels; and
thcy have GONE further, as if 70 leave no doubt
Of their fraudulent intent, and have printed on
the vrlnners of some of their medicines and
p-rpa-ltions The certificates given to the COM
claimant in recommendation Of has medicines
and preparations Finally. the evidence shows
that the design Of the defendants to impose
their medicines and preparations upon the
mglke, as those of the complainant was per
feet success. They were even able TO miSlead
md deceive such experienced druggists as Mr.
Gosml0. Mr. Erickson and Mr.. Francis NolS
I am of opinion that tie complainant is cnii-
Tel o. relief and herewith fle a decree in ac-
cor1l0ce with theviews herein before expressed.
The decree rerpetualv euioius the deien-
dsu's Samuel Stouohrakcr and Henry n. Holt
man. their servants aud agents, from manuiac-
turing or initiating any of the medicines or
preparations which. prior 20 the 10Th OF De-
comhrr 1866 had been known ms StonebrakerS
Medicines or Preparations. and from selling
any medicines. &c. under the names or title
cf such medicines &c. except stock IN the
hand. of S,luehrlkcr. Hoffman Il Co.. on the
10Th of Deccmler. 1866. and pcrpctually on
i.rir- he slil Slml. St1Uehraker Henry h.
H.rr,n A}rabomS s. S'ouchrlkcr. T.. PaSSono,
YIN p. C,9-worthv and ChaS. A. Clotworthy,
t.o'r agents and servants from counterfeitins
-r initiating the trademarks labels wrappers.
Sc. of tire complainant Henry Stone1rakrr
Iv }in usnj on certain medicines, &c. known
rs S.ouchukrr'S Nerve and Bone Linimcut
Sc S,arenr1lers Bl'Slm or Pain Killer,
S,1reI0krr's Dv~pcpsi1 BitcrS and lnvigo-
r1'rr." " Sta0chr1ker'~ Rat aui Roach EX'cr-
rlirr'rr." Storchrlkcr'S Horse and Cattle
Powders Stouebukcr's Vegetable Cough
Svrun." and S,aacjrakcr's Bed-Bus Ex'cr-
u...atrr'
I.a r.t'.cr decrrr1 tal tie said Samuel
S.,.ar~rt p. Henry X Hoffman, Leonard Pas
,7ro. A,-ar-w Snrctnkcr William ?. Clot-
WORTHY AMI C,ar'cs a. Clatworlhy account
with ihe sli Henry Strnchraker Of and f'T al.
medicines. Sc. ly them since December lod.
1890 manufactured or sold under any of the
r,r.es icrru'sSre SOP our. and whcrcwith
t'cv hive u-el any of t'c labels, &c. which
have been produced and given in evidence in
tniscar>-. Tho Injunction Heretofore granted
. IS w.fi.cI @, conform TO the provisions Of this
'ec-ec.-7