The leader., 1897-09-08
THE FRAUD ENJOINED.
Report of Decree-The Famous ESQ.,
900 Trademarks Case Decfded-C. y.
simmons Medi cfne ompany, st.
Louis, Defeats j. II. Zeilin d Co,
Philadelphia.

simmons Medi cfne Company, st.
Louis, Defeats J. II. Zeilin Il Co,
Philadelphia.
Ths Supreme Court Of Tennessee on June 30 de-
cided the most important trademark case that hes
ever be tried in that State and of tho largest
ever tried In the Union. Affirming and enlarging the
opinion of the court below. Tho court he'd:
l. That Dr.. N. A. Simmons, The predecessor OF
bra.ed remedy known as !" Simmons Liver Mc6i-
6ins," made It q standard remedy for liver diseases
long pr II to the acquisition by j. H. Zeilin Co. OF
4 That the assignor Of T. II. Zeilin & Co.. through
whom they claimed the right to mako tho fraudulent
packages enioined never derived any tito fronl A. O.
simmons TO make tho medicine nor to use his name
or picture, and that such use By zein & Co. Is
3. That Zelin Co. purposely, fraudalen;ly la
beled their medicine in imitation of cornrlanant's
Simmons Medicine Com pany, and the execution Of
this fraudulent purpose and act Is enJoined.
petitor's trsde-nane trade marks, or bols, or
limitations thereof to deceive the public and unfairly
appropriate to themselves the trade OF the Q. Y.
s. Enjoined Zeilin & Co., from deceiving ard
prscticing fraud upon tha public BY labelling their
6, Enjoined Zen & Co. from the manufacture
ana saIe .. 'ns nr pr rn' sgoa, LIVER
Medicine'' or Liver Med cine By A. Q. si-nmons,"
and from using the picture Of A. Q. Simmons In
Z. Enjoined Zeilin & Co.. their assignees, agents
and employees from deceiving aad prccticing fra-d
upon the public By the sale Of packages thus falsely
labeled, either upon orders calls for tho genuine
"Simmons Liver Medicine ~ OF complainant, or
In any package thus falsely labeled.
g. The court stated that IL was the purpose OF the
court to entirely destroy the fraudueatly labeled
packages above described, and cause their removal
from the market and ordered Zeilin Il Co. to liver
10 CLERK 70 be destroyed all cuts, dies, electro-
types. engrGvings and other paraphernalia used In
impressng either Of the above names or the picture
Of A. Q. Simmors.
g. Decreed that Zein & Co. pay all the damages
which have accrued to complainant BY the sale OK
these frauduIenty labeled PACKAGES. The damages
claimed by complainant were 5000.
10. Decreed that Zeilin Il Co. pay all the costs,
which amount several thousand dollars, The record
being one Of the lag ever filed in the Supreme
Court
Cheap Medicine.
As q rule, "cheap medicrs' is inert worthless, or
dangerous. In Zeilin Co. g answer to our bill they
said the packages enjoined were designed as cheap
negro medicine for the negroes Of the Nssiss. ppi
Valley" Now, Zein & Co. g advertisements tay,
and their manager swore that all the liver medicine
which they make is made by the same formula. 10 It's
not conclusive evidence from their sworn testimony
and Advertisements that all the liver medicine eman-
ating from them is Cheap Negro MedIcine?' Ques-
ton: Do the sick OF Ameri desire Cheap Negro
Medicne?" Let the affl cted answer BY their
future purchases. Dr. M. A. Simmons Lirer
Medicine, established IN $50, is not cheap medi-
cine.n Il is no cure all ~ ard Is only recon-.
mended for those ildispos ons caused By inactivity
Of the liver.