The National tribune., 1885-06-25
IMPORTANT TRADE MARK SUIT.
IMITATION OF ST. JACOBS OIL.
An Injunction Prayed For.
baltimore American, June 81


An important suit, which will doubtless at
account Of the interests involved and the
world reputation of the parties bringing
it, has been instituted in the Circuit Court of
Baltimore city, by the proprietors of the famous
ST. JACOBS OIL, trading as the Charles A.
VOgeler Company, against Adolph e. Meyer. OF
Baltimore, trading as A. c. Meyer 81 Co. The
bill of complaint recites that The complainants
are the manufacturers of a medicinal prepara-
tion, having curative properties and valuable
as a remedy for the relief of pain. To dis
tinguish it from those of a like kind manu-
factured by other persons, the name of ST.
JAKoBs DEL, or as translated into English, ST.
JACOBS OIL, was adopted as fanciiul designa-
tion Of the article. In order further to distin-
guish it a peculiar red color was adopted for
the preparation, which is one of its distinctive
marks Other indicia used by them were a
cylindrical bottle of peculiar appearance with a
certain label all xetl thereto and with inscrip-
tions thereon, presenting an appearance to the
eye which from long use caused the whole
package to be al once recognized as the lini-
ment manufactured by them. They advertised
the preparation at vast outlay in many coun-
tries and in more than twenty languages
Within the wrappers of the bottle they also
inclosed circular, the whole forming a
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
tuey advertised the remedy were posters, pia-
rards, signs. illustrations and sentences. They
charge that the defendant conceived the fraud.
uent design of appropriating to himself the
benefit of their outlay, time and labor; that he
prepared linment SO closely resembling the
remedy made by them in odOr, that only the
most experienced observer can detect the diff
ference. He selected the peculiar color of the
remedy, known Us ST. JACOBS OIL, aud initiated
the name and the various signs and symbols
used by them. He used a bottle so closely re-
sembling that of complainants, with label
having such IA general resemblance to the labels
on their bottles and affixed to the bottles as
they affi xed their labels, that the whole pack
age presented almost identcally the same gen.
eral appearance as the package containing the
linment made by them. Upon the label on
the bottle. he printed the words Salvation
OIL" followed by the words The Greatest
Cure on Earth for Pain" in close imitation in
general appearance of the words printed on
their label. He has also printed ON the label
the paragraphs in different languages which
they use, and within the wrappers he has
placed a circular cOntrived and prepared in imi-
taton of the circulars accompanying ST. IA
coBs OIL, and in direct Infringement of COM
plainants' rights. He has also placed within
the wrapper of the bottle, folding corkscrew
of the size. shape and form of that contained
in the wrapper of ST.. JACOBS on, and has
initiated the methods of advertising ST. ia
CoBs OIL; instead Of monk sitting or stand.
ing having posted the representation of nun,
holding aloit in her hand bottle ON which ap.
pear the words Salvation Oil"
They charge, therefore, that he has with
fraudulent purpose, intention and contrivance
put upon the market an article closely resem-
bling in smell and color and in the mode of
putting it up that made and sold by them under
the trade mark, and has succeeded in causing
great numbers of people to purchase his goods
under the belief that they are the goods known
as ST. JACOBS OIL, and has put them upon the
market at much less price than that charged
by compartments for their goods, so that num-
bers OF people. both dealers and consumers, have
been induced to buy them under the belief that
they are ST. JACOBS OIL sold at reduced
price. Complainants charge that they have
been damaged by this means, and that the pub
lie have been deceived and msled. The bill
prays for account and also that the defend
ant be enjoined from infringing the trademark
of The Charles A. Vogeler Company in the nian-
ner and by the means above set forth. Emf
nent counsel have boen retained by complain
ants,-among them Marshall & Hail: Price,
Steuart & Steuart, l. Nevett Steele s. Teackie
Wallis. Rowland Cox, WIN. Pinkney Whytc
and Bernard Carter. These gentlemen are all
well-known in their profession. most of them
having a national reputation. Messrs. Marshall
and Wallis have been engaged in some of the
most important equity suits ever heard; Mr..
Cox is of New York. Mr.. Whyte is ex IT, s.
Senator aud ex-G0vernOr of the State. and Mr.
Carter is counsel for the Pennsylvania Railroad.