Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1897-11-03

600 Trademark Case Decfded-C. u.
Simmons Medi cine Company, ST.
Louis, Defeats j. III. Xet1in IL Co.,
Philadelphia.
[From OF. Louis Republic. July 4. 1891
=" The Supreme Court Of Tennessee on Juno 30 de-
eided the most important trademark cnse that hoo
been tried In that State and OF the largest
ever tried IN the Union affirming and enlnrging tho
opinion of the court below. The court he'd;
l. That DR.. NJ. A. Simmons, the predecessor OF
complainant by extensive advertising Of his cello
cinen made Il a standard remedy for liver diseased
long prior to the acquisition by ]. H. Zeilin Co. OF
x That the assgnor Of ). II. Zeiin q Co., through
whom they claimed the right to make the fraudulent
packages enjoined, never derived any title from A. O.
Simmons TO make the medicine nor TO use his name
or picture, and that such use by Zeilin & Co. 10 q
fraud upon the public, and Is therefore enJoined.
.. That Zellin u Co. purposey, fraudulently la
beled their medicine in imitation Of complainant's
medicine g unfairly appropriate tho trade Of the
BimmonB Medicine Company and the execution OF
this fraudulent purpose and act 10 enjoined.
4. Enjoined Zeilin s. Co. from using their CON-
peiitoI,s trade-name, trade MARKS Or symbols, Or
appropriate to themselves tho trade OF the G. 4.
Simmons Medicine Co..
practcing fraud upon the public by labelling their
pactages in imitation OF the wrappers and trade
Q. Enioinsd zsiin & Co. from the manufacture
and sale OF the medicine undor the name Of Sim
Msdicas, Liver Medicine byA q si%so nav
end from osinE The picture OF A. Q. Simmons In
y. Enjoinsd zeiln & Co.. their nssignees, agents
and employee from deceiViug and praotlcing frayd
upon tho public by the sale Of packages thus falsely
labeled, either upon orders calls for the genuine
"Simmons Liver Medicine " OF complainant, or
IN any package thus falsely labeled.
8. The court stated that II the purpose OF tho
court to entirely destroy the fraudulently labeled
packages above described, and their removal
from the market, and ordered Zen & Co. to deliver
to the clerk to be destroyed, all cuts, dies eecro-
types engrayings and other paraphernaa used in
improssing either OF the above names the picture
OF A. Q. Simmons.
8. Dscreod that 2eilin & Co. pay all the damages
which have accrued to complainant by tho sale OF
these fraudnlently labeled packages. The damages
claimed by complainant were $4,000,
10. Decreed that Zeiin & Co. pay all tho costs,
which amount to several thousand dol lars the record
being one Of the largest ever hlod In the Supreme
Court. u
Cheap Medicine.
As rule, 'cheap medicine is inert, worthless. or
dangerous. In zein & Co. "a answer to bill they
said the packages enioined designed ''cheap
negro medicine for the negroes Of the Mississippi
Valley Now, as Zeilin Co acknowledgements say,
and their manager swore, that all the liver medicine
which they make 10 made by the same formula, is ths
not conclusive evidence from their aworn testimony
and advertisements. that oil the liver medicine eman-
ating from them "Cheap Negro Medicinet'' Cues
ton; Do the sick Of Amer ca desire Cheap Negro
Medicine?" Let the AMI cted answer by their
future purchases. DIR. N. A. Simmons' Liver
Medicine, established IN 1910, is not "cheapmedi-
cine" II 10 mo cure all ~ and IS only fecOm-
mended for those indspoRiti ons caused by inactivity
OF the liver.