Sequachee Valley news. (Sequachee [Sequatchie], Tenn.) 1896-1952, 1898-04-07
HOOd5c Ollie are the only pills to taks
AIOOO > I HID with Hoods Sarsaparilla.
THE FRAUD ENJOTNED.

Report Of Decree-T The Famous $685.
900 Trademark Case Decided-O. Fs
Simmons Medi cine Company, Bts
Louis, Defeats J. HI. AetLin q Co..
Philadelphia.
From st. Louis Republic, July 4, 1891
"The Supreme Court Of Tennessee on Juno 30 de-
elded the most important trademark case that has
ever boon tried in that State and one Of tho largest
ever tried in the Union, affirming and enlarging the
opinion Of the court below. The court he'd;
l. That Dr. NJ. A. Simmons, the predecessor OF
complainant, by extensive advertising OF his celes
brated remedy known as Simmons Liver Medis
cine, made It a standard remedy for liver diseases
long prior to the acquisition BY J. H. Zeiin Co. Of
Z. That the assignor Of J. II. zellin Co., through
whom they claimed the right 20 make the fraudulent
packages enioned, never derived any title from A. g
Simmons TO make the medicine nor 70 use his name
or picture, and that such use By zeilin 3 60;
fraud upon the public, and Is therefore enloined.
3. That Zeilin & Co. purposely, fraudulently Ia
beled their medicine in imitation Of complainants
medicine to unfairly appropriate the trade OF the
Simmons Medicine Com any, and the execution Of
this fraudulent purpose and act is enjoned.
4. Enioined Zeilin s. Co. from using their COM
petitors trRde-name, trade marks, or symbols, or
limitations thereof to deceive tho public and unfairly
appropriate to themselves the trade Of the Q. r.
8. Fnioinod zeilin 3 Co., from deeeiving and
praccing fraud upon tho public by labelling thelF
packages in imitation Of the wrappers and trade
g. Enjoined Zein & Co. from the manufacture
and sale Of the medicine under the name OF Sim
mons Liver Medicine,' or Dr. Simmons Lves
Mbulgluug Vt 44lNbh AA9dASAAV ~ a,Al'iSAea.
and from using the picture OF A. 9. Simmons n
connection Herewith.
a. Enioned Zeilln & Co.. their assigness, agents
and employees from deceiving and practcing frard
upon tho public by the sale Of packages thus falsely
labeled either upon orders or calls for the genuine
"Simmons Liver Medicine " Of complainant, or
IN any package thus falsely labeled.
8, The court stated that It was the purpose OF the
court TO entirely destroy the fraudulentY labeled
packages above described, and cause their removal
from the market, and ordered Zeilin Co. TO liver
TO the clerk TO be destroyed, all cuts dies, eleetro-
types, engravings and other paraphernalia used Ia
impressng either Of the above names or the picture
Of A. Q. Simmons.
o. Dscreed that Zeilin g. Co. pay ell the damages
which have accrued to complainant by Tho sale OK
these fFaudulently labeled packages. The damages
claimed by complainant were $1,000.
10. Decreed that Zeilin & Co. pay all the costs,
which amount to several thousand dollars the record
being one Of the largest ever filed in the Supreme
Court. F"
As rule, "cheap medicine is inert, worthless, or
dangerous. In Zeln & Co. 'sanswer to bill they
negro medicine for the negroes of the Mississippi
Valley.b Now, as Zein & Co. IS advertisements say,
and their manager swoTe, that all tho liver medicine
which they make is made by the same formula Is tits
not conclusive evidence from their sworn testimony
and advertisements that all the liver medicine
ahng from them is Cheap Negro Medcine?'' Ques-
ton! Do the sick OF Amer ca desire Cheap Negro
Medcine?n Let the afh cted answer BY their
futurs purchases. DR.. NJ. A. Simmons' Liver
Medicine established in $780,. is not cheap medic
cinen Il is mo cure all, '" and IS only Iecom-
mendsd for those ndsposih caused by inactivity
Of the liver.