The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-12-18
BACO-CURO WINS
In a Notable Suit Brought by
a Rival.
Don't Stop Tobacco and Prove Merit,
Are The Things Which Place
"BlCO-CuTO" in the Lead.
Valuable and Reeord-Making Decision
by Circuit Judge Romance Bum.
ths Veteran Federal Jurist.

''BacO-CurO'' recognized by the medical
profession as the only scientific, sure and
harmless cure for the tobacco habit in
all its forms has just won a victory in the
federal courts as noteworthy as it was
| deserved. The case attracted wide atten-
ton when instituted and the decision will
govern in the future.
On the Sd of last April the Sterling Rem
edy Company, Of Indiana, proprietors of
''NO-tO-bac' brought suit in the United
States court against the Eureka Chemical
and Manufacturing Company of Lacrosse,
Wis, proprietors of ''Baco-Curo." Com
plainants asked $4,000 for alleged dam
ages, for an injunction seeking to restrain
defendant from using the word "Baco-
euro" and from the use of certain boxes,
labels, racks, etc, which. it was claimed,
We're so similar to those used by complain
ant as to induce the public to believe they
We're buying compliments medicine. The
cause was heard before United States
Circuit Judge Romance Bum of Wiscon-
sin Oct. Is last. and that veteran jurist,
on Nov. rs, handed down an exhaustive,
clear and able opinion at the conclusion
of which appears the following order:
Judge Bunn's order.
There win be a decree dismissing
complainants bill with costs"
F. NJ. Stewart, clerk of the court on
Nov. 20, notified Messrs. Losey & Wood
ward, attorneys for defendant, that the
final decree in accordance with order
of court, had been duly entered.
The public does not care to read why
the suit was brought nor what outside
methods were taken to injure the reputa-
ton and restrict the sale of "Baco-Curo.'
Suffice il that the court held that the Eu-
reka Chemical and Manufacturing Com
pany had, and has, an undoubted right TO
use the name 'BaeO-Curo," that there
was not sufficient similarity in boxes, Ia
bells, racks, etc, to deceive any person of
moderate intelligence, that there had been
no effort on the part of defendant to de-
ceiVe any one and that all the authorities
were clearly against compliments on eve
ry one of the points raised. The decision
was purely on the merits and stands to-
day as a sweeping, unalterable and vide
spreading victory.
An Especial Point.
One especial point made by Judge Bum
as to the alleged similarity of labels, Is
worthy of consideration. The third para
graph, page six, typewriter decision,
reads as follows:
'Indeed. there seems to be no idea of at
tempting on the defendants part to put
off its goods as and for the complain
ants manufacture. The defendant puts
its own peculiar designation Of "Baco-
euro" upon its labed in conspicuous green
letters upon white ground, whle COM
plainant's 'No-to-Bac" is placed upon
its label, in equally conspicuous black
letters upon a red ground. Each place
upon the label which seals the box, in
plain and conspicuous letters, the name
plainants label admonshes the purchaser
that he must Immediately discontinue the
use of tobacco. The defendants label,
in a large and conspicuous heading, says:
Don't Stop Tobacco When You begin
taking a cure. And don't be Imposed Up
on by buying a remedy that requires you
to do So" There are many other distln-
gushing differences not so marked
Could Language BE strOngers
'No-to-Bac," says, in effect, stop first
and take our cure. "Baco-Curo' says:
Don't stop until the cure makes you do
So" The keen judge saw the point at
once and properly emphasized it. ''Baco-
euro" is a cure for the tobacco habit not
a substitute for tobacco.
To anyone desiring to see the full text
of the decision copy will be mailed on
application.
It is not we'll to weary the reader with
further details. The facts are plain to
any intelligence. The price of "Baco-
euro" the only scientific and harmless
cure for the tobacco habit is $100 per
box; three boxes, and iron-clad, written
guarantee to cure, or money refunded
with 10 per cent interest. $3.50. All drug
gists, or sent direct on receipt
of price Write for free booklet, guar
anteed testimonials and proofs. Eureka
Chemical and Manufacturing Company,
La Crosse, Wis.