The Forrest City times., 1897-09-10
THE FRAUD ENDOWED.
BopOF6 or Decree Tho Famous 0NO,V 900 Erade-m ark Case Decided-C. R. Simmons Medi cfne Com pany. 06 Louis, Defeats y. III. ZeiIin z Co.. Philadelphia.

Report of Decree The Famous 0HO.s 900 Trade-ma ark Case Decided -C. H.
 Simmons Medi cine Company, 0G
 Louis, Defeats '. III. Zetlfn z Co.
 Philadelphia.
 tFrom st. Louis Republic, July {, lsss.l
 The Supreme Court of Tennessee on June 90 de- ever besn tried in that State and one of the araest ever tried in the Union affirming and enargins Inc 1. That Dr. M. A. Simmons, the predecessof of complainant, by extensive advertising of his csls- 'n era.ea aa rsIasdy hnowS = ss s%mcn. Liver Msdi. long prior to the acquisition by J. H. zsin Co. os q That the sssignor of ' II, Zsilin ( Co. throush whom they claimed the right to make the fraudulent packages enjonsd, derived any title from A. Q. Simmons to make the medicine nor to use bis name or picture, and that such use by Zeilin Co. is c fraud upon the public, and is therefore snloinsdL
 g. That Zeiln q Go. purposely, fraudulently is- medicine to unfairly appropriate the trade of the simmons Medicine Comp and the execution oe
 Eaon.S .Ds is limitations thereof to deceive the public and unfairly appropriate to themselvss the trade of the Q. Y. 5. Enioined zeilIn | O., from decsivins and prActcing fraud upon tho public by labelling their packages in imitation of the wrappers and trsds- marks of the complainant.
 ., Enioined zeilin . Co. from the manufacture mons Liver Msdicine,'s or spr. simmons Liver Medicine," or Liver sfedi cine by A. c. smmons,n and from using the picture of A. Q. Simmons in !. Enjoned Zeilin q Co.,. their assignees, agents and employees from decsivng and practicng fra d upon tho public by the sale of packages thus falsely labeled. either upon orders calls for the genuine "Smmons Liver Medicine - of complainant, or tn any package thus falsely labeled.
 g. The court stated that 1t was the purpose of the court to entirely destroy tho fraudulentiy labeled packages above described, and cause their removal from the market, and ordered Zeiiin Co., to deliver to the clerk to be destroyed all cuts dies electro types, sngravngs and other paraphernalia used in impressing either of the above or the picture of A. c. Simmons.
 9. Dscreed that ZeilIn & Go. pay all the damages which have accrued to complainant by the sale O these fraudaienty labeled packages. The damages claimed by complainant were S50,G00.
 10. Decreed that Zeilin E Co. pay all the costs, which amountto several thousand dolla Inc record bsing one of the largest ever filed in the Supreme Court n
 Cheap Medicine.
 Az rule, "cheap medicinen is inert worthless. or dangerous In Zeilin Go. answer to our bill they said the packages enioined were designed '-cheap negro medicine for the negroes of the Mississippi Valley.h Now, as Zeiiin Co. s advertisements say, and their manager swore, that all the liver medicine which they make is made by the same formula, is tis not conclusive evidence from their testimony and advertisements. that all the liver medicine auagfr them is Cheap Negro Medicne?' Ques- ton: Do the sick of Aneri ca desire '.Cheap Negro Medcine2" Lot the afni cted answer by their future purchases. pr. M. A. Simmons Liver Medicine, established in 1Si0, is not "cheap medi- cine" 1t is mo cure all :" and is only recom- mended for those indispos ons caused by inactivity of the liver.