Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1878-12-05
THE BIG SUIT DECIDED.
Dtcree Tn Favor of J. II. lei in ~ Go.
of Philadelphia.

L. =. court room at l | DEL Dck yesterday
to hear Judge Trigg'= decision in the
celebrated infringement suit which
has been pending for over a week, be-
tween J. II. Zrilin * 60, of Phila-
deIphis, Pa, proprietOrs Of Simmons
Liver Regulator or Medicine, and the
'.Dr. A. @. Simmons Liver Medicine
Company" of Chattanooga. a brief
/ history of the cause aud origin OF the
suit, as cur readers will remember,
was given IN the CHEONICLE, of Nov.
! IS, wien the 1ria,i "H- com menced.
Judge Trrgg Ia e. ,Eat it was II
suit involving y age amount %
money, AMI un account CT the wide
extended sale aud reputation III The
| Simmons medicine, as of great in
terest To the parties concerned IN The
suit, and not little 20 the public At
large. The evidence laid before him
in the trial of the case, he said, was
of enormous volume, and a very great
mass and variety of bottles, boxes,
packages, labels, etc etc, had been
brought to his attention, and il would,
of course, be impnssibls, in the short
time allowed him, Ia wade through
the whOls and euumerate in his de
cree the minute details in the case.
He would therefore Tecite, in brief,
the result: of his observations snd his
conclusions in the case.
In the first place, the general charge
of the complainants, Z9ilin & Co, is
that the defendants, The DR.. A. q.
Simmons Liver Medicine Co, have
infringed their trade mark ia the use
and sale Of liver medicines. That in
fringment is alleged To be the adOp-
ton and use of the name or trade
mark, "Dr. A. @. Simmons" Also
that they utb.rwise infiDged by
adopting the same sze, form, etc, Of
bottles, package, e;c The Complain
ants claim that the Use Of the name
simmons 10y tie defendants was
an infringement Of their trade m4Ik
aud an encr0achm on their busi-
ess.
The defendants deny the change, say
ing that the comp!ainants had
no right to appropriate to themselves
exclusively the name simmons"
while they. defendants, were equally
and iegiliuatrly entitled to use it.
After considering the matter thor
Oughly, the Judge announced as his
conclusion, that the complainants
(Zsilin & coz trade mark, is legal
and valid one, aud that the mark
used hy-the defendants il an Infringe
ment thereof. Whereupon they, The
DR.. A. @ Simmons Liver Medicine
Company, are enj )iued from making
use of the name Simmons in the /
manufacturing aud sale OF their med |
icine. AS to the matter of damages, |
the Judge announced tha, he had not
made out or ordered a account OF
the amount Of damages, as requested
by com piaiuants, and, as it would be
q very great task, be would be pleased
if they would waive il, at least for the
present. TheTeupOn, after cOnsulta-
ton Of the attorneys, Messrs. Andrews
aud Pettibone with their client, Mr..
+. J. Champion, representing J. II.
ZsiIin & Co IL was agreed that DO
account for damages be ordered, pro-
vided the defendants 60 not appeal
the case The Judge decided, how
ever, that defendants shall pay all
costs OF the suit.
Thus vas brought TO close, for the
present, at least, and perhaps for good,
a suit of very great importance, not
only to the immediate parties to it,
bu! the public generally, and espe~
cislly druggists, throughout the
United States.
The newspapers all over the land, /
among Others, have reasons for /.
Ri doing at the termination or the |
suit, for Nessrs Z,iIin & Co., as all /
will testify, have been for years the !
most liberal and extensive ADVERTISE
ers i'm the country. During the pand- |
ing Of thiz suit, howe ger, they had |
suspended their advertising usiuess, |
but will nov resume again full blast,
as we are informed.
F.,.E-r a.. EaFral