Weekly Chillicothe crisis., 1885-06-18
IMPORTANT TRADE MARK SUIT.
Imitation Of St Jacobs Oil-An Iniu netio
Prayed For.

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An important suit, which will doubt
less attract great attention all over
the country on account of the interests
involved and the worldwide reputa-
tion OF the parties bringing it, has been
instituted in the Circuit Court of Bal
timore city, by the proprietors of the
famous ST. JACOBS On. trading rs
The Charles A. Voleger Company,
against Adolph c. Meyer, of Balti-
more, trading as A. C. Meyer & Co.
The bill of complaint recites that the
complainants are the manufacturers
OF a medicinal preparation, having
curative properties and valuble as a
remedy for the relief of pain. To dis
tnguish it from those of q like kind,
manufactured by other persons, the
name of ST. JAKoB's DEL, or as trans
lated into English, ST. JACOBS On,
was adopted as fanciful designation
of the article. In order further to
distinguish it peculiar red color was
adopted for the preparation. which is
one of its distinctive marks. Other
tndicid used by them were q cylindric.
al bottle of peculiar appearance with
a certain label affixed thereto and with
Inscriptions thereon, presenting an ap.
pearance to the eye which from long
use, caused the whole package to be
at once recognized as the linment
manufactured by them. They adver-
tised the preparation at vast outlay
in many countries and in more than
twenty languages. Within the wrap.
pers of the bottle they also enclosed
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 they advertised
the remedy were posters, pla.
cards, signs, illustrations and
sentences. They charge that the
defendant conceived the traudu-
lent 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 tho most experienced observer
can detect the difference. He selected
the peculiar color of the remedy.
known as ST. JACOBS OH, and initiated
the name and the various signs and
symbols used by them. He used bot
tie so closely resembling that of CON-
plainants, with q label having such n
general resemblance to the labels on
their bottles and affixed to the bottle
as they affixed their labels, that the
whole package presented almost iden-
tically the same general appearance
as the package containing tho lini.
ment 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
faln, in close imitation IN general
appearance Of the words printed on
their label. He has also initiated on
the label different paragraphs in diff
iercnt languages which they use, and
within the wrappers he has placed a
circular contrved and prepared in I'M
itation Of the circulars accompanying
ST. JACOBS OIL and in direct infringe
mcnt of complainants' rights. He has
also placed within the wrapper of the
bottle, 4 folding corkscrc-w of the size.
shape and form of that contained in
the wrapper OF ST. JACOBS On, and
mas initiated the methods of adyertis.
ing ST JACOBS On; instead of monk
sitting or standing having posted the
representation of num- holding aloft
in her hand a bottle on w6lch appear
the words salvation Oil"
They charge, therefore, that he has,
with fraudulent purpose, intention
and contrvance, 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 I'M.
der their trademark, and has sue.
cccded in causing great numbers of
people to purchase his goods under the
belief ;hat they are the goods known
as ST. JACOBS OIL. and has put them
upon the market at much less price
than that charged by complainants for
their goods, so that numbers of fpeopTe,
both dealers and consumers, have Decn
induced to buy them under the belief
that they are ST.. JACOBS On sold at a
i'uUSSu pliNt' NUll DlulndUlS CIuTRO
that they have been damaged by this
means, and that the public have been
deceived and mislcd. The bill prays
for au account, and also that the de-
icndant be enioined from infringing
the trade mark of The Charles A.
Vogelcr Company in the manner and
by the means above set forth. Emil
nent counsel have been retained by
complainants, among them Marshall
n Hall; Price, Steuart e Steuart, |.
Novctt Steele, 5. Tcackle Wallis, Row.
land Cox, VIM. Pinkney Whyta and
Bernard Carter. These gentlemen
are all well-known in their profession,
most of them having national repu-
tation. Mcssrs. Marshall and Wallis
have been engaged in some of the
most important equity suits ever
heard; Mr., Cox is of New York, Mr..
Whytc is cx-U. S. Senator and cx- Coy
crnor of the State, and Mr.. Carter is
counsel for the Pennsylvania Rail
Road.