Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1885-06-11
IMPORTANT TRADE MARK SUIT.
An Injunction PRAYED For.

An Injunction Prayed For.
From the Baltimore American, June g.
An important suit, which will doubt
less attract great attention all over the
country on account of the inr
terests involved and the worldwide
reputation OF the parties bringing it, has
been instituted in the Circuit Court of
Baltimore city, by the proprietors of the
fomous ST. JACOBS OIL, trading as The
Charles A. Vogeler Company, against
Adolph c. Meyer, of Baltimore, trading
as A. C. Meyer & Co. The bill of com :
plant recites that the complainants are
the manufacturers of a medical prepa+
ration, having curative properties and
valuable as remedy for the relief of
pain. To distinguish it from those of
like kind, manufactured by other pef
sons, the name of ST. JAKoBs GEL, or
as translated into English, ST. JACOBS
OIL, was adopted as a fanciful designa-
tion 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
indicia used by them were cylindrical
bottle of peculiar appearance with Ger.
tain label affixed thereto and with in
scriptions thereon, presenting an ap'
pearance to the eye which from long use,
caused the whole package to be at once
recognized as the liniment manufactur'
ed by them. They advertised the pre-
paration at vast outlay in many coun-
tries and in more than twenty languag'
es. Within the 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 adj
vertised the remedy were posters, pla'
cards, signs, illustrations and sentences.
They charge that the defendant conceiv'
ed the fraudulent design of apprepria'
ting to himself The benefit of their out
lay, time and labor; that he prepared a
linimeht SO closely resembling the rem.
edy made by them in Odor, that only the
experienced observer can detect the diff.
ference. He selected the peculiar color
of the remedy, known as st. jacobs Oil,
fal ha
signs and symbols used by them. HeI
used bottle SO closely resembling that
of cOmplainants, with a label having
such general resemblance to the labels |
on their bottles and affixed to the bottle |
as they affixed their labels, that the !
whole package presented almest identi.
cally the same general appearance as |
the package containing the liniment |
made by them. Upon the label on the
bottle, the words salvation OIL" fol- |
lowed by the words "The Greatest Cure
on Earth for Pain" in close imitation in |
general appearance of the words printed |
on their label. He bas also initiated on
the label the paragraphs in different
languages which they use, and within
the wrappers be has placed a circular
OOAllAhOO obO RAOPo4NO III Au4AIdIlOll Vi
the circulars accompanying st. Jacobs
Oil, and in direct infringement of COM
plainaDts' 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 of advertising st. Jacobs Oil;
instead of monk sitting or standing
having posted the representation of a Il
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
put upon the market an ar
ticle closely resembling in smell and
color and in the mode of putting it up
that made and sold by them under their
trade mark, and has succeeded in eaus+
ing great numbers of people to purchase
his goods under the belief that they
are the goods known as st. Jacobs Oil. I
and has put them upon the market at a
much less price than that charged by
for their goods, so that
numbers of people both dealers and con-
sumers, have been induced to buy them
under the belief that they are st. ia
cobs Oil sold at reduced price. Com
plainants charge that they have been
damaged by this means, and that the
public have been deceived and misled. 4
The bill prays for an account, and also ,
that the defendant be enjoined from in4
fringing the trade mark of The Charles
A. Vogeler Company in the manner and I
by the means above set forth. Eminent !
counsel have been retained by COM :
plainants,-among them Marshall g.
Hall; Price, Steuart & Steuart, l. Nevett
Steele, S. Teackle Wallis, Rowland Cox, q
VIM. Pinkney White and Bernard Car 7
Ter. These gentlemen are all we'll known +,
in their profession, most of them having s
/ national reputation. Messrs. Marshall
and Wallis have been engaged in some
If the most important equity suits ever
heard; Mr.. Cox is of New York, Mr..
White is ex.U. s. Senator and ex-Gov- ?
,rnor of the State, and Mr. Carter is l
counsel for the Pennsylvania Rail Road, =