Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1897-09-11
THE FRAUD ENJOINEn.
Report OF Decree The Famous asa,
900 Trademark Case Decided-CJ
6immOns Medi cine COMPANY. III
PHILADELPHIA. W.

Report Of Decree The Famous asa,
900 Trademark Case Decided-CT
Simmons Medi cine COMPANY ~
Louis, Defeats ]. Ii. Zeilin ia
Philadelphia. W.
49,. Iron St. Louis Republic, July 4, IMaj
1.-THE Supreme Court Of Tennessee on Juno "A.
cided the most important Trademark case thst /.
ever DO n tried In that State and ono Of ,ho h,,.s
ever tried In the Union, Affirming and enlarrins n.
opinion OF tho court below. The court he'd:
l. That Dr.. NJ. A. Simmons, the predecs,,r a \
complainant. by extensive advertising Of III. IN
brated remedy known as Simmons Liver NS.
eino,'' made Il q standard remedy for liver d,ssss.
long pri IT to the acquisition BY J. Il. z.lln SCas
any rights.
.. That the assiguor Of J. II. Zcllin 4 Co.. Ars.
whom they claimed the right to make tho f%raudui%s,,
packages eDjoined, never derived any t~illefrom A0
m to make the medicine nor TO use Bis Mana
Or picture, and that such use by 2eilin 4 Co d !
fraud upon the public, and is therefore enlolned.
y. That Zeilin q Co. purposely, fraudulentv h
beled their medicine In initiation OF compllnsst,
medicine 20 unfairly appropriate the trade Of d,
Simmons Medicine Company, and the eIecuaaad
this fraudulent purpose and act Is enjOined,
4. Enioined 2eilin & Co. from using tS.i, ON. |
potitor's trade-name, trade marks, or Symbols. d 1
limitations thereof. to deceive tho public and u%ptai,,
appropriate to themselves tho trade VI The {, l.
Simmons Medicine Co.
8. Enjoined Zeilln q Co., from dscelnne al
ioshiS - hpVA Wv BhAiAA Wy llutNlng tlW
packages In imitation OF tho wrappers and tsdt
marks OF the complainant.
6, EnIoinod Zeilin & Co. from tho manuirtvr /
and sale OF the medicine under the name Of "Sr.
mons Liver Medicine or "Dr. Simmons LiNs
and from using the picturo Of A. Q. Simmons b
connection there with.
z. Enjoinod Zeilin & Co., their ~assIgneea, srsut
and employees from d~eceiyiag and ~pracilcins q isj
upon tho public by the sale Of packages thus falsely
N.LI.N ..tln. 5000 49,. a--..l. Al -ts
"Simmons Liver Medicine Of complainant 4
In any package thus falsely labeled.
8. The court stated that 1t was tho purpose Of u
court to entirely destroy the ffauddlcn,ly ksha
packages above described, and cause their ieEouA
from the market, and ordered Zeilin & Co. tod lw
to the clerk to DO destroyed, oil cuts, dies, electro
types, engravings and other paraphcrnala used b
impressing either Of the above names or The pis;an
Of A. q. Simmors.
.. Decreod that zeilln & Co. pay all the damages
which have accrued to complainant BY The sale d
thess frauduiently labeled packages. The damage
claimed by complainant were 5000.
10. Decreed that Zeilin & Co. pay all The cost,
which nmountto several Thousand dol lars, ihotN
being one OF the largest ever fled in tho supsx
Court" -
Cheap Medicine.
Al q rule, "cheap mcdicin ~ Is inert, worthless, 4 |
dangerous. In Zellin G. Co. 'sanswer. to on, biltsg
said the packages enjoined were designed as'chue
negro medicine for tho negroes OF tho MlsssspH
Valley" Now, as Zeilin & Co. % adyer,iscmen,sHf
and their manager swore, that all the liver nedkis
which they make Is made by the same formula,iith
not conclusive evidence from their sworn tesliuoti
snd advertisements that all the liver medielneenif'
ating from them is"Cheap Negro Medciney' Sia'
ton: Do the sick Of Amer ca desire Cheap heg1 |
Meliclne?" Let the afii cted answer " hsf
future purchases. Dr.. NJ. A. Simmons ux
Medicine, established IN 1910, Is not cheap med
cine.n II 10 no cure all " ard IS only recon.
mended for those indispositi ons caused BY isLH's
OF the liver.