The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1898-05-08
THE FRAUD ENJOTNED.

Report OF Decree-The Famous ESQ.,
goo Trademark Case Dec1ded-C. n.
Louis, Defeats y. MI. Zeilfn az Co.
Philadelphia
-. (FrOm St. Louis Republic, July 4, 1891
- me supreme Court of Tennessee June 90 de-
eided the most important trade mark case that las
ever be=n tried In that State and of the largest
ever tried in the Cnion afirninz and enlarSing he
opinion OF the court below. The court he'd;
!. That DR.. IL. A. Simmons, the predecessor OF
complainant BY extensive advertising Of his ceio-
cine" made It standard remedy for liver diseases
.ons pror TO the acquisition by J. L. Zeilin Co. OF
2 That the sssgnor Of J. II. Zeilin & Co., through
shon they claimed the right TO make the fraudulent
oEEses en!oinsd. never derived any title from A. O.
simmons 70 make the medicine nor TO use his name
o. picture, and that such use by ZeIlin & Co. Is O
Hau1 p epon tas public, and is therefore enJolned.
2, mat Zeilin & Co. purpOsely, fraudulently Ia
oesd their medicine in initiation of conplainant's
CCslelne 70 unfairly appropriate the trade Of the
simmons Medicine Com pzny and the execution OF
@1s IIandu!ent purpose and act Is enjOin I'd.
= Ealoned Zeilin & CO. from using their COM
tfsds-nans trade marks; or symbols or
lAuons thereof, - deceive the public and unfairly
spltopTiate 10 themselves the trade Of the q. =.
simmons Medicine Co.
%. . Enloinsd Zeilin 6 Co, from deceiTing a-d
pa.StHelhg fraul upon the public BY labelling their
Sa.4Ases In imitation Of the wrappers and trade
1fEs Of tAe Complainant
~ E9loned Zeiiin * Co. from tho manufacture
Sn cna sac OF tho ined inc under the name Of Sim
1eei.;i 1es LiTer Medicine, or DIT. Simmons Liver
connection thsrewith -
.; Enloinsd Zeilin & Co.. their assIgnees, agents
~. e.lpIoy yes from deceivi4g and practicing fra
iol me public By the sale Of packages thus falsely
ESes.o1' either upon orders calls for tho genuine
g. tolnone Liver Medicine - Of complainant, or
@ny package thus falsely labeled.
% me court stated that il was tho purpose OF the
csos - entirely destroy the fraudulently labeled
f.@asss aooFe described, and cause their removal
g. ~ me market, and ordered Zsilin & Co. TO deliver
t .e cierx TO bo destroyed, all cuts dies, eectro-
~, easraTlngs aud other paraphernala used in
a. q q either Of the above names the picture
VA v Smmors.
= Oecreed that ZeiIfa q 70 nav all fha danares
thasa.naye naye acerued TO complainant by tho sale Of
sS.s i5s@aduiently labeled PACKAGES. The damages
o'Sadnea ~ oy complainant were 500 o.
wh.GD Dscreea that Zeilin 4 Co. pay all the costs,
amount TO several thousand dol lars, he record
On, g1e ot the largest ever filed in tho Supreme
Cheap Medicine.
As rule, cheap medicine'' is inert worthless or
s.seous In Zsliin & co. sanswer to our bill they
49, ne packages enioinsd were designed as ''cheap
Pai .nsoieine for the negroes Of the MIRnIssippi
an5 Now, as Zsilin & Co 8 advertisements say
,hiL asH manager swore that all the liver medicine
~ tney maze Is made by the same formula, Ia ttis
80 soanelasVe evidence from their testimony
st fettsetnents that all the liver medicine eman-
- LON n them is Cheap Negro Aedicine?" Ques-
~. 70 the sick OF Amer ca desire Cheap Negro
fn,rr- Let the Afil cted answer by their
49, Purchases. Dr. N. A. Simmons Liver
e5.s 81 established IN ls40, Is not cheap medi-
-. 10 no all ." and ~ only Tecom-
Y ior Aose incspoaiu ons caused By inactivity