The Maryville times. (Maryville, Tenn.) 1884-1944, 1898-03-26

Simmons Medt cine Company, st.
Lonts, Defeats j. HI. Zeilin d Co..
Philadelphia.
[From st. Louis Republic, July a, 1891
"The Supreme Court OF Tennessee on Juno 30 de-
cided the most important trademark case that has
ever been tried in that State and Of tho largest
ever tried in the Union, affirming and enlarging the
opinion Of the court below. The court held;
/. That DR.. NJ. A. Simmons, tho predecessor OF
brated remedy known as " Simmons Liver Medi-
cine,'' made II standard remedy for liver diseases
long prior to the acquisition by ]. H. Zeilin Co. OF
i. That the assgnor Of J. II. Zcilin & Co., through
whom they claimed the right to mako the fraudulent
packages enjoined, never derived any title from A. Q.
Simmons TO make the medicine nor TO use his name
or picture, and that such use by Zein Co. 10
fraud upon the public, and Is therefore enloined.
8. That Zeilin & Co. purposey, fraudulently Ia
beled their medicine in knltation of complainant's
medicine to unfairly appropriate tho trade OF the
Simmons Medicine Company and the execution OF
this fraudulent purpose and act is enjoined.
4. Enjoined Zeilin g. Co. from using their com.
petitors trade-name trade marks, or symbols, or
limitations thereof, to deceive tho public and unfairly
appropriate to themselves the trade Of the Q. Y.
8. Enjoined zein q Co., from deceiving and
practicing fraud upon tho public by labelling their
packages in imitation OF the wrappers and trade
Q, Enjoined Zein & Co. from the manufacture
and sale Of the medicine under the name of Sim
mons Liver Medicine or "Dr. Simmons Liver
Medicine" or Liver Medi cine by A. Q. Simmons"
y
connection herewith.
q Enjoned Zeilin & Co.. their assignees, agents
and employees from deceiving and prGclicing 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.
g. The court stated that 1t was the purpose OF the
court to entirely destroy the fraudlcntly labeled
packages above described, and cause their removal
from the market and ordered Zelin & Co. TO liver
10 the clerk to DO destroyed all cuts, dies electro-
types, engravings and other paraphernaa used In
impressng either Of the above names or the picture
Of A. Q. Simmons.
0. Decreed that ZeilIn s. Co. pay oil the damages
these frauduently labeled packages. The damages
10. Decreed that Zeilin q Co. pay all the costs,
which amount several thousand dol lars, the record
being one OF the largest ever filed In the Supreme
Court. -
Cheap Medicine.
Az rule, "cheap medicine" Ia inert, worthless, or
dangerous. In Zeln Co. 'sanswer to our bill they
said the packages enioned were designed as cheap
negro medicine for the negroes Of the Mississippi
Valley" Now, as Zein & Co. IS 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 sworn testimony
and advertisements, that all the liver medicine eman-
ating from them Is "Cheap Negro Medicine?' Guess
ton: Do the sick OF Ameri ca desire Cheap Negro
Medicine?" Let the ahli cted answer BY their
future purchases. DR.. NJ. A. Simmons Liver
Medicine, established IN 1910, 10 not cheap medic
cine" It is mo cure all !" and 10 only fecom-
mendea for those indsposiu ons caused by inactivity
OF the liver.