The Wilmingtonian., 1885-06-13
Important Trade Mark Suit
IMITATION OF ST. JACOBS OIL.
An Injunction Prayed For.
tFrom the Baltimore American, June 81

tFrom the Baltimore American, June 81
An important Quit, which will doubtioss
attrat great attention all over the country
on account of the interests involved and the
worldwide reputation of the parties bring
ing it, has been instituted in the Circuit
Court of Baltimore city, by the proprietors
of the famous ST. JACOBS OH, trading as
The Charles A. Vogeler, against Adolph
c. Meyer, of Baltimore, trading as A. c.
Meyer & Co. The bill OF complaint recites
that the eomplainants are the manufacturers
of medicinal preparation, having curative
properties and valuable as remedy for tie
relief of pain. To distinguish it from those
of a like kind, manufactured by other per-
sons, the name of ST. JAKoBs GEL, or as
translated into English, ST. JACOBS OIL was
adopted as fanciful designation of the ar
ticle. In order further to distinguish it a
pecnliar red color was adapted for the prepa.
ration, which is one of its distinctive marks.
Other indicia used by them Were cylindri-
cal bottle Of peculiar appearance with a
certain label affixed thereto and with in
scriptions thereon, presenting an appearance
to the eye which from long use, caused the
whole package to be at once recognized as
the liniment manufactured by them. They
advertised the preparation at vast outlay
in many countries and in more than twenty
languages. Within tho wrappers of the
bottle they also enclosed circular, the
whole forming package of peculiar shape
and appearance which was well-known to
customers and to the trade generally as the
form of package used by them. Among
other means by which they advertised the
remedy were posters, placards, signs, illus
trations and sentences. They charge that
the defendant conceived the fraudulent
design of appropriating to himselfthe benefit
of their outlay, time and labor: that he
prepared liniment so closely resembling
the remedy made by them in odor, that only
the most experienced observer can detect
the difference. He selected the peculiar
color of the remedy, known as ST. JACOBS
OIL and initiated the name and the various
signs and symbols used by them. He used
bottle SO closely resembling That of com.
plainants, with a label having such gener,
al resemblance to the labels oil their bottles
and affixed to the bottle as they affixed
their labels, that the whole package present
ed almost identically the same general ap,
pearance as the package containing the lin
iment made by them. Upon the label OF
the bottle, he printed the words "Salvatior
OIL" followed by the words "The Greatest
Cure on Earth for Pain, y in close imitation
in general appearance of the words printed
on their label. He has also initiated ON thu
label the paragraphs in different languages
which they use, and within the wrappers ht
has placed circular contrived aud prepared
in imitation of the circulars accompanying
ST. JacoBs OIL and in direct infringement
of complainants's rights. He has alst
placed within the wrapper of the bottle, {
folding corkscrew of the size, shape aud
form of that contained in the wrapper o
ST. JACOBS on, and has initiated the meth
DDS of advertising ST. JACOBS OIL; instead
Of monk sitting or rstanding having postet
the representation of nun, bolding aloft il
her hand bottle on whi;h appear the words
'Salvation OIL"
They charge, therefore, that he has, viii
fraudulent purpose, intention and contriv
ance, put upon the market an article closely
resembling in smell aud color and in tn,
mode of putting it up that made and SOLE
by them under their trade-m mark, and ha
succeeded in causing great numbers of pee
pie to purchase his goods under the belle