Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-06-06
IMPORTANT TRADE MARK SUIT
IMITATION OF ST. JACOBS OIL.
AN INJUNCTION PRAYED FOR.
From tho Baltimore American. luna

AN INJUNCTION PRAYED FOR.
From tho Baltimore American, June 3.
An important suit, which will doubt
less attract great attention all over th
country on account OF the interests in
volved and the world. wide reputation
OF the parties bringing it, has been in
stituted IN the Circuit Court of Balti
more city, by the propIietors of tn,
famous ST. JACOBS OIL, trading as The
Charles A. VOgeler Company, agains,
Adolph Q. Meyer. of Baltimore, trading
as A. 9. Meyer & Co. The bill of com.
plant recites that the com plai nants are
the manufacturers of a medicinal pre-.
paration, having curative properties and
valuable as remedy for the relief OF
pain: To distinguish it from those of a
ike kind, manufactured by other per-
sons, the name ST.. JAEoBs DEL, or as
translated into English, ST. JACOBS
OIL, was adopted as fanciful desiRna.
ton OF the article. In order further to
disting guish 1t peculiar red color was
adopted for the preparation, which ID
one OF Its distinctive marks. Other in.
dicia used by them were = cylindrical
bottle OF peculiar appearance with q
certain label affixed thereto and with
inscriptions thereon, presenting an ap.
pearance To the Ve which, from long
use, caused the whole package to be at
once recognized as the liniment
manufactured by them. They adver.
t'sed the preparation at q vast outlay
In many countries and in more than
twenty languages. Within the wrap.
pers OF the bottle they also enclosed q
circular, the whole forming package
OF peculiar shape and appearance which
was vel! KNOW to customers and to
the trade generally as the form OF
package used by them. Among other
means BY which they advertised the
remedy we're posters, placards, signs, IL.
Illustrations and sentences.
They charge that the defendant con.
ceived the fraudulent design of apprc-
priating to himself the benefit of their
outlay, time and labor that he prepsr.
ed liniment 80 closely resem bling the
remedy made by them in otlOr, that on.
~ 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 sym
bols used by them. He used a bottle 80
closely resembling that OF complain.
ants, with q label having such q gene.
raj resem blance to the labels on their
bottles and affi xed to the bottle as they
affixed their labels, that the whole
package presented almost identioall y the
same general appearance 90 the pack
age containing the liniment made by
them.
Upon the label on the bottle, hc print.
ed the Words " Salvation OIL" follow.
ed by the words " The Greatest Cure on
Earth for Pain" in close imitation In
general appearanceo of the words printed
on their label. He has also initiated on
the label the paragraphs In different
Languages which they use, and within
the wrappers he has placed q circular
contrived and prepared in initiation OF
the circulars accom- panyinR ST. JACOBS
OIL and in direct infringement of com.
plainants' rights. He has also placed
within the wrapper of the bottle, a fold.
Ing corkscrew of the size, shape and
form of that contained in the wrapper
OF ST. JACOBS OIL, and has initiated
the methods or adveftising ST. JAcoBs'
OlL instead OF monk sitting or stand.
ing having posted the representation of
nun, holding aloft in her hand a bot
tie on which appear The words Saliva.
tion OIL"
They charge, therefore, that he ha 8,
with fraudulent purpose, intention and
contrivance, put upon the market an
article closely resembling in smell al d
color and in the mode Of putting it upI
that made and sold by them under tn cir
trademark, and has succeeded in caus-
ing great umbers OF people to pur.
chase his goods under the belief that
they are the goods known as ST. |
JACOBS OIL, and has put them upon 1
the market at much less price than /
that charged by complainants for their
goods, 80 that numbers of people, both
dealers and consumers, have been in
duced to buy them under the beliefI
that they are ST. JACOBS OH. sold at a
reduced price. Complatnants charge
that they have been damaged by this
means. and that the public have been
deceived and misled.
The bill prays for an account and al.
30 that the defendant be enjoined from
infringing the trademark OF The Charles
a. Vogeler Company in the manner
and by the means above set forth.
Eminent counsel have been retained
BY complainants,-amo them Mar
,hall q Hall; Price, Steuart & Steuart,
|. Nevett Steele, S. Teackle Wallis.
Cox, VIM. Pinkney Whyte
md Bernard Carter. These gentlemen
are all well.known In their profession,
most of them having q national repu.
lation. Messrs. Marshall and Wallis
nave been engaged in some of the most
important equity suits ever heard;
Mr.. Cox is OF New York, Mr.. Whyte
8 ex-U. s. Senator and OK. Governor
# the State, and Mr.. Carter is COUNSEL
or the Pennsylvania Rail Road.