The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1897-09-10
THE FRAUD ENLOINED.

Report OF Decree-The Famous $780,
900 Trademark Case Decided-C. r.
Simmons Medi cine Company, ST.
Louis, Defeats j. H. ZeEItn & Co..
PhiladeH phfa.
from St. Louis Republic July 4, 1881
The Supreme Court of Tennessee on June so de-
cided the most important trademark case that has
been tried in that State and of the largest
ever tried in the Union affirming and enlarging the
l. That DR.. NJ. A. Simmons, the predecessor OF
complainant, by extensive advertising of his cele-
cine,' made it standard remedy for liver diseases
long prior to the acquisition by j. H. Zeilin Co. Of
T. That the assignor of J. II. Zeilin & Co., through
whom they claimed the right to make the fraudulent
packages enjoined never derived any title from A. Q.
Simmons to make the medicine nor to use his name
or picture, sud that such use by Zeln & Co. ia g
fraud upon the public, and is therefore enloined.
8. That Zeilin & Co. purposely, fraudulentIy Ia
beled their medicine in imitation of compliments
medicine to unfairly appropriate the trade of the
Simmons Medicine Com pany, and the execution Of
this fraudulent purpose and act is enjoined.
4. Enioined Zeilin &c Co. from using their COM
retitor' 8 trade-name trade marks, or symbols,
limitations thereof, to deceive the public and unfairly
appropriate to themselves the trade of the G.. r.
Simmons Medicine Co.
b. Enjoined Zeilin & Co., from deceiv1ng and
practicng fraud upon the public by labelling their
packages in imitation of the wrappers and trade
marks of the complainant
6, Enjoined Zeilin & Co. from the manufacture
and sale of the medicine under the name Of Sim
mons Liver Medicine,'' DR.. Simmons Liver
Medicine or Liver Medi cine by A. Q. Simmons
connection Herewith.
z. Enjoined Zeilin & Co., their assignees, agents
and employees from deceiving and practicing fra d
upon the 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 it the purpose of the
court to entirely destroy the frcudulenty labeled
packages above described, and their removal
from the market, and ordered Zeilin Co. to deliver
to the clerk to be destroyed all cuts, dies electro
types, engravings and other paraphernalia used in
impressng either Of the above names the picture
of A. Q. Simmons.
9. Oecreed that Zeilin & Co. pay all the damages
which have accrued to complainant by the sale OF
these fraudulenty labeled packages. The damages
claimed BY complainant were $4,000.
10. Decreed that Zeilin Il Co. pay all the costs,
which amountto several thousand dollars, the recsd
being one OF the largest ever filed in the Supreme
Court.
Cheap Medicine.
As rule, '-cheap medicine is inert, worthless,
dangerous. In Zsn & Co. sanswer to bill they
negro medicine for the negroes of the Mississippi
Valley Now, Zein & Co. IS advertisements say,
and their manager swore, that all the liver medicine
which they make is made by the formula is tits
not conclusive evidence from their sworn testimony
and advertisements, that al the liver medicine
ating from them is Cheap Negro Medcine?'' Cues
ton: Do the sick OF Ameri ca desire Cheap Negro
Medicne?" Let the afii cted answer BY their
future purchases. DR.. NJ. A. Simmons Liver
Medicine, established 1910, is not cheap medi-
cine.o It is mo cure all ~ and Is only recon-
mended for those indispoSt ons caused By inactivity
ct the LIVER.