Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-06-07
IMPORTANT TRADEMARK SUIT
Imitation or st. Jacobs OtI-An IsJunction
Prayed For.

Imitation or NJ. Jacobs Otl-An IBJunetion
Prayed For.
baltimore American, June Sd.
An important suit, which will doubt
less attract great attention all over the
country on account Of the interests in
volved and the worldwide reputation
of the parties bringing it, has been in
stituted in the Circuit Court of Balti-
more city by the proprietors of the
famous ST. JACOBS OIL, trading as
The Charles A. Vogeler Company,
against Adolph G. Meyer, Of Baltimore,
trading as A. G. Meyer 4 Co. The bill
Of complaint recites that the complain
ants are the manufacturers of a me-
dicinal preparation, having curative
properties and valuable as a remedy
for the relief Of pain. To distinguish
it from those of like kind, manufac-
tured by other persons, the name of ST..
JAKoBs DEL, or, as translated into
English, ST. JACOBS OIL, was adopted
as a fanciful designation Of the article.
In order further to distinguish it pc
culiar red color was adopted for the
preparation, which is one Of its dis
tinctive marks. Other indicid used by
them were a cylindrical bottle Of pecu-
liar appearance with certain label
affixed thereto and with inscriptions
thereon, presenting an appearance
to the eye which from long
use caused the whole package
to be at once recognized as the lini-
ment manufactured by them. They adj
vertised the preparation at a vast out
lay in many countries and in more than
twenty languages. Within the wrap
pers of the bottle they also enclosed a
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 pack
age used by them. Among other
means by which they advertised the
remedy were posters, placards, signs,
illustrations, and sentences. They
charge that the defendant conceived
the fraudulent design Of appropriating
to himself the benefit of their outlay,
time, and labor that he prepared a
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 a bottle
so closely resembling that of complain
ants, with a label having such
general resemblance to the labels
on their bottles and affixed to the bot
tie as they affixed their labels, that the
whole package presented almost identi-
cally the same general appearance as
the package containing the liniment
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 initiated on the label
the paragraphs in different Ian
guages which they use, and within the
wrappers he has placed a circular con-
trived and prepared in imitation of the
circulars accompanying ST. JACOBS
OIL, and in direct infringement of COM
plainants' rights. He has also placed
within the wrapper of the bottle fold
ing corkscrew of the size, shape, and
form Of that contained in the wrapper
Of ST. JACOBS OIL, and has initiated
the methods Of advertising ST. JACOBS
OIL-instead of monk sitting or
standing, having posted the representa-
ton Of nun holding aloft in her hand
a bottle on which appear the words
salvation OIL"
They charge, therefore, that he has,
with fraudulent purpose, intention, and
continuance, put upon the market an
article closely resembling in smell and
color and in the mode Of putting it up
that made and sold by them under
their trademark, and has succeeded in
causing great numbers of people to
purchase his goods under the belief that
they are the goods known as ST.. IA
coBs OIL, and has put them upon
the market at much less price than
that charged by compliments for their
goods, so that numbers of people, both
dealers and consumers, have been in
duced to buy them under the belief that
they are ST. JACOBS on sold at re.
duced price. Complainants charge that
they have been damaged BY this means,
and that the public have been deceived
and misled. The bill prays for an ac-
count, and also that the defendant
be epjoined from infringing the
trademark of The Charles A. yoge-
Ter Company in the manner and
by the means above set forth. Eminent
counsel have been retained BY COM
plainants--among them Marshall h
Hall Price, Steuart & Steuart, I. Ne
yeti Steele, s. Teackle Wallis, Row
land Cox, William Pinkney Whyte, and
Bernard Carter. These gentlemen are
all well known in their profession,
most Of them having . national reputa-
ton. Messrs. Marshall and Wallis have
been engaged in some of the most inn
portant equity suits ever heard. Mr..
Cox is Of New York Mr.. White is ex-
United States senator and Ex-Governor
Of the State, and Mr.. Carter is counsel
for the Pennsylvania railroad.
Summer Dsvsragss.