Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1897-09-29
THE Fraud ENJOINED.

S.enort of Decree-The Famou- ESQ.,
600 Trademarks Case Decfdeo-C. "a
Simmons Medi cine Company, ST.
Louis. Defeats >. II. Zeilln & Co.,
Philadelphia. ~
[From ST. Louis Republic, July 4, lSs3.l -
Tho Supreme Court Of Tennessee on Juno 20 oe.
cided the most important trademark case that las
ever DO tried In that State and one OF the latgsse
ever tried In the Union, affirming and enlargns the
opinion of the court below. The court he d; :,
!. That Dr.. II. A. Simmons, tho predecessor ot
ss 55s S tsosn vsl Ct Hee
cine," made It standard remedy for liyes diseasea
long prior 10 tho acquisition by ]. b. zeiln Co Ct
g. That tho assigaor Of 5. Il. Zeilin Co., through
whom they claimed the right to make tho frauducos
packages enjoined, never derived any title from A. Q.
or picture, and thu. such uso by Zelin & Co. Is
fraud upon the public, and Is therefore enloircd.
8. That Zsilin & Co. purposey, traudulertiy ".
bcled their medicine In imitation OF eomrlan!ntis
medicine to unfairly appropriate tho trade Ct tho
Simmons Medicine Company, and the execution OF
this frauduen. purpose and oct Ia enjolncd.
4. Enioined ZeIlin & o. from using their com.
petItor's trade-name, trade marks or symbols, or
limitations thereof deceive the public and unfairly
appropriate to themselves the trade Ct the Q. y.
s. Enjoined zeilia & Co., from dceesrins ard
practiclng frau upon tho public by labelling thar
packages In imitation OF the wrappers and fade-
8, Enjoinsd Zeliin & Co. from the manufacture
and sale Of the medicine under tho name Of "SiE,-
mons Liver Medcine.' or Or. Simmons Liver
Medicine" or Liver Medi cine BY A. @. Simmons"
and from using tho picture OF a. G. Simmons In
connection Herewith. b
4. Enioined Zeilin & Co.. their assisnees, agents
and employees from docelviag and praciiciag fra d
upon the public b. the sale Of packages thus falsely
labeled, either upon orders or calls for tho genuine
"Simmons Liver Medicnen OF complainant, or
In any package tEun falsely labeled.
g. Tho court stated that 1t wns the purpose OF the
oour. to entirely destroy tho frardClcrGy lsSe,cd
packages abore described and cause tn ir removal
from tho market, and ordered Zeilin Co. TO d ref
TO the clerk 20 be destroyed ali cuts dies, electro.
ypess tpsrayings aad other parapkernal;a uaed In
impressns either Of the abcve names or the picture
OF A. q. Simmons.
o. Dscfood that Zeila q Ca. pay all the dsrasea
which. have accrued to complainant by iso 80 OK
these frardnleiHy labeled PACKAGES. Tho damages
claimed By complainant were 5000.
10. Decreed thot Ze:lid tE Co. pay all tho costs,
which amount TO several thousand dollars tho record
eens 9te Of the largest ever filed In tho Supreme
Court. -
Cheap Medicine NJ
As fuic, acheap medicine is inert. worthiesr Of
uaid tho PACKAGES enjoired wero designed as cLeap
negro medicine for the Negroes Of the Mississp ppi
Valley. Eow as zeIlin & Co Is advertiser ehts eey,
and thof manager swore, that nl tho liver EcdctEo
which they mako Is made by the same formula, Is
not conclusive evidence from their sworn testimony
and advertisements, that all the liver medicine enlanA
nting from them Is "Chcap Negro MedIcine?n QuesA
Medicne?h Let tho afii cted answer b5 their
futn-e purchases. DR.. NJ. a. Simmons tiTer
Melicno, established IN ls40, is not cheap medi.
cine.b Il is no euro all " ard IS only fecoE<
nenaed for those indi,posu ons caused By inaetvi?
OF tho liver.