The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-12-24
BACO-CURO WINS
In a Notable Suit Brought by
a Rival.
Don't Stop Tobacco and Prove Merit,
Are The Things Which Place
"BaCO-CuTO" in the Lead.
Valuable and Record Making Decision
by Circuit Judge Romano Bum,
the 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, il was CHARMED,
were so similar to those used by complain
ant as to induce the public to believe they
were buying compliments medicine. The
cause was heard before United States
Circuit Judge Romano Bum OF Wlscon-
sin Oct. IS last, and that veteran jurist,
on Nov. 25, handed down an exhaustive,
clear and able opinion at the conclusion
of which appears the following order;
Judge Bunn's Order.
There will be a decree dismissing
complainants bill with costs. -.
+. NJ. Stewart, clerk of the court, on
Nov. g. notified Messrs. Losey & Wood
ward. attorneys for defendant, that the
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 Conn
pany had, and has, an undouoted rlght 10
use the name "Baco-Curo,' that there
was not sufficient similarity in boxes, la
bells. racks, etc, to deceive any person or
moderate intelligence, that there had been
Off he ri nf
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 ana wide
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, while COM
plainant's "No-to-Bac" is placed upon
its label, in equally conspicuous black
letters b TpGa T %b ses the boP
plain and conspicuous letters, the name
and place of the manufacturer. The COM
plalnantS ldDel duulOHlSueS the purchaser
that he must Immediately discontinue the
use of tobacco. The defendants label
in a large and conspicuous heading, says
'Dont Stop Tobacco When You begin
taking cure. And don't be Imposed Up
on by buying a remedy that requires you
| to do So" There are many other distin.
I 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 dc
/ So" The keen judge saw the point al
| once and properly emphasized II. "Baco
| euro" is a cure for the tobacco habit, moi
/ a substitute for tobacco.
To anyone desiring to see the full tex
of the decision copy will be mailed or
| application.
II is not well to weary the reader with
| further details. The facts are plain L
| any intelligence. The price of ''Baco
! Curo," the only scientific and Harmless.
| cure for the tobacco habit is $lOO pei
box; three boxes, and iron-clad, writer
| guarantee to cure, or money refunded
| with 10 per cent interest. $3.50. All drug
gists, or sent direct on receip
! of price. Write for free booklet, guar
| anteed testimonials and proofs. Eureks
Chemical and Manufacturing Company
| La Crosse, Wis.