Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1894-06-07
WEBSTER. DAY COUNTY. SOUTH DAKOTA. JUNE 2, 1894.
INTERESTING DECISION.
Law or Trade Marks Established in
favor of J. B. Watkins,

upon the law of trade marks. II
seems that J.R. Watkins of Winons
has for more than twenty years been
manufacturing and selling Wards
Eminent Commonly known as Dr..
Wards Vegetable Anodyne Linn.
ment) in the state of Minnesota and
other states, and has during this
time established a lucrative propri.
etary medicine business. A few
years ago Landon & Burchard Of
P~IaInVIew, MIMI, began the manu-
tacture and sale of liniment which
the called and sold as DR.. Wards
lIEIment. Although the lln,ment
put up and sold by Landon & Bur-
chard is made from an
entirely different formula than that
used by Watkins, still the Plainview
firm claim the right to use Wards
name III connection with the sale of
their medicine.
One Blake who then reslde,j
IN the city of Mankato, was EN-
pIoyed during the season of 1892 by
the P]lainyiew druggists to vend
Their IInIment in Blue Earth Co.
and vicinity. Watkins at once en-
ployed counsel and brought SUIT
against Blake, asking the court to
enjUn Blake from the use of Wards
name IN connection with the sale
of Ilnlment, claiming, of course.
that he, Watkins, had established a
trademark IN the use of Wards
name and had the exclusive right to
its use. The a S was tried in Man.
kato, Feb. %, 1894. The court, in
his decision, finds, among other
things, that Blake was acting as the
agent Of I.andon & Burchard in
selling medicines, but that he had
no right whatever to sell a liniment
under Wards name. Upon this
branch of the a Isl it may be inter
esting to read the exact words of
the court, which are as follows:
THAT the words Or. Wards or
Wards used in connection with
the words Vegetable Anodyne Llni-
meut' constitutes trade mark which
the plaintiff 81. r. Watkins) now
has and ever since the year 1868 has
had the exclusive right to use in the
state of Minnesota and elsewhere
ia the manufacture and sale of
plaintiffs proprietary medicine
called DIR. Wards Vegetable Ano-
dyne Linlment.' The plaintiff is
entitled to judgment IN his favor
against the defendant, pe~rpetually
enjolning and restraining him, the
! defendant, and his agents and SER
wants n each and all of them from
manufacturing and preparing, put
ting up or sell4ng or offering for
sale any article bearing the name
DIR. Wards or Wards Liniment'
or Or. Wards Vegetable Anodyne
Llnlment' or any imitation of the
name or trade mark of the plaintiff
Let judgment be entered accord
lngly herein and for costs and dis,
bursements for the plaintiff"
Mr.. Watkins does not object e
competition in his business, as he II
willing that his medicine shall
stand or fall upon their own merits
but he does object to. promisciou,
use of others of the name undo,
which he sells his liniment. Invent,
years OF hard labor has enabled Mr.
Watkins to make his medicines ant
especially his liniment, know
throughout the state, and he die
not feel like allowing others to real
the harvest which it has cost hin
much to plant. Although thi
lawsuit was an expensive one, Mr.
Watkins no doubt feels himself wei
repaid, for while he has secured
%protection for himself, he has alst
secured protection for his custo
mers, who were being misled b,
the agents of other parties claiming
to sell Wards Imminent. -Winon,
Mimi Republican.
The genuine Dr.. Wards remed
les are sold in this section by o. j
Scheil, Of Watartawn.