Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-09-28
Forms the Basis of a Contest
Between Druggists for
the Right to Sell
MOLLINGER'S MEDICINES.
Both Claim the Title in Eighty
Thousand Prescriptions.
CONFLICT IN THE PATENT OFFICE.
two Applications Filed for the Same Style
of Trademark.
MYSTERY OF THE SECRET FoRMULE

When rather NJ olllnger OleQ ne leIt MS
estate in a rather mixed condition. Now
1t is his prescriptions that are caus-
ing trouble The fight is between
two Allegheny druggists. Adolph Hepp,
who subscribes himself Secretary
to the late Father Mollinger," has gone
into the Court of Common Pleas No. with
o bill in equity, in the name of Morris
Einstein, the East street druggist, asking
for an injunction to restrain Alexander E.
Sawhill, of Federal street, from manufact-
uring or selling the medicines as prescribed
by the late priest. The bill also prays that
Sawhill be restrained from using the like
ness and signature of Father Mollinger as q
trademark in the sale of drugs
1t is alleged by Mr.. Einstein in his COM
plant that Mr.. Sawhil violated the con-
fidence of the priest-physician in manufac-
turing for sale the Mollinger medicines
This statement Mr.. Sawhill strongly re-
flutes, and answers by saying that it is he,
and he only, who has the right to COM
pound and place on the market the dead
priests prescriptions
The Secretary's title to the Prescriptions
Einstein alleges that Adolph Hepp was
for years the private and confidential Sec
retary of Father Mollinger, and in return
for his faithful services the priest ar
ranged with him for the compounding
of the mysterious drugs to be sold only for
the joint benefit Of himself and Hepp. The
same arrangement provided that, Immediate
ly upon the decease of Father Mollinger,
the property wNs to belong to Hepp.
In pursuance of this arrangement, Mr..
Einsteir states further, the priest
before his death gave to Hepp two
books containing his prescriptions,
with the sole right to use his photograph
and signature" as trademark. 1t is then
claimed that Father Mollinger died before
the trade marks could be registered. On
June q, 1892, the plaintiff contends that
Hepp sold to him his interest in the medi-
cines and trademark. From that time un-
til now he claims he has been engaged in
the lawful manufacture and sale of the
drugs. The diseases enumerated in the bill
alleged to be cured by the medicines in
clude everything in the medical calendar.
A Breach of Confidence Alleged.
Mr.. Einstein says that in his life time
Father Mollinger reposed confidence in the
defendant and made known to him the
formula for compounding those medicines,
for the purpose only of filling prescriptions
personally given to patients by himself
After Mollinger's death Sawhill, it is
charged, engaged in the manufacture
and sale of the medicines referred
to, thereby violating the dead
priests confidence, at the same time
using the clergyman's name and likeness as
n ri rh iah ha od N q
newspapers. Such proceeding. Einstein
claims to be unlawful, and he asks the
Court to compel Sawhill to account to him
for the profits derived from the sale of all
medicines under the trade mark.
The first intimation Mr.. Sawhill rece ived
of the institution of injunction proceedings
against him was from q DISPATCH re-
porter, who called at his store last evening.
81 cannot imagine, I'm sure" he said, ''why
Mr.. Einstein should try to restrain me from
selling Father Mollinger's medicines.
Eighty Thousand Prescriptions on File.
81 have been filling his prescriptions for
over seven years, and have here more than
80, 600 of them on file. AS to betraying the
how that can be charged. AS q matter
of fact 1 am the only person who
knew the formula of the prescriptions out
side of Father Mollinger. He sent every
patient he treated to me to get medicine,
and at no time before his death did he say
that / should not use his name and sigma
ture as trademark, or that L must not con-
tinue to compound and sell the medicines.
Immediately after the priest died went
and likeness of Father Mollinger as a trade
mark. On my return my nephew told me
that Hepp had sent for him during my ab-
sence. He proposed to him the idea of my
entering into partnership with him in
the sale of the medicines. I fatty refused |
to give him any interest in my business |
and there the matter dropped. About |
week later Hepp made the same PROPOSE |
tion to Mr.. Einstein and it was accepted. |
Just IL days after I had filed my applica- |
sion in the Patent Office for the registration |
filed similar application.
Conflict in the Patent Office.
''The examiner at once detected the mat |
ter and refused to grant patent on the fac,
simile of the name and picture to either of |
US until testimony had been taken in the |
matter to establish the question of prior |
ity. That testimony has not yet been |
taken. The reverend physician kept no
record of his prescriptions 1 had the |
formula here, and he referred to them only
BY numbers.
When THE DISPATCH reporter called at |
Nh. Einstein's store, on East street, that |
gentleman could not be found. The young
man who sat behind the counter said he |
knew nothing of the affair, but admitted
that Mr.. Hepp had formed partnership
with Mr.. Einstein. Regarding the pre- !
scriptions or Hepp's connection with them,
he could not say anything.
By the time the matter is fully aired in |
court it is probable the makeup of the
famous prescriptions may become known to
everybody.