The Bolivar bulletin. (Bolivar, Tenn.) 1888-1946, 1898-03-11
;, lF5oa g L9L.5 hspa5Iie, July :, -.

From St Louis Republic, July 4, 1888
The Supreme Court Of Tennessee on June so de-
eided the most important trademark case that las
be tried in that STATE and OF tho Target
ever triad in the Union airuli and charging the
opinion OF the court below me court he d:
1. That DR.. II. A. Simmons, the predecessor OF
complainant by extensive advertising Of his cello
hated remedy known rs - Sir1rrons Liver Ne-i-
tine'' made il a standard remedy for liver diseases
long prilr to the acquisition b. j. II. Zeila & Co. Of
z That the assiguor OF J. II. Zoilin s Co. through
whom they claimed the right 10 mako tho fraUcuent
packages enioned, never derived any titlefrO a Q.
Simmons 70 make he medicine nor 10 use his name
picture, and that such use by Zeilin & Co. Is 8
fraud upon the public, and Is therefore enJoiaed-
3. That Zeilin 2 Co. purposcly, f-audulentiy Ia
beled their medicine in imitation Of compliments
Simmons Medicine Com any. and the execution OF
tAis fraudulent purpose and act is en.ci7cd-
4. Eaioined ZeilIa & Co. from using tSeir COM
petitor's trade-name, trade marks, or symbols,
limitations thereof 70 dseeive TIE Trec aad unfairly
appropriate to Themselves the trade Of the Q. +.
Simmons Medicine Co.
s. Enioined Zeilia & Co., frcu eeceiving a-d
p-actIcing fraui upon tho pubic by l-beGR their
pacElses in imitation Of the wrappers and trade
Inarks Of the complainant.
and sale o. the med1i9e uader Tie name Of SIM
mons Lver Medicine, or Z. S-=@ocs lIver
md from using the picture Of \. 2. Simmons in
connection herewith.
and employees from deceiTi-E and prcctlCInl ia d
upon the public BY the sale OF packages thus falsely
s.SIramous Liver Medicine - Of comulainaut or
n any package thus falsely labeled.
court to entirely destroy TIE fr1udUlCEtiy l=Se.cd
packages above described. and cause their removal
from the market, and ordered Zeilin & Co. liver
% the clerk to be destroyed all cuts dies, electro
types. engravings sad other pa-apkcrrclia used in
inpressng either OF this above the picture
Of A. Q. Simmons.
9. Decresd that Zeiln & Co. pay al the damages
which have accrued % complainant BY the sale q
these fraudllenty labeled Packages. The damages
claimed by complainant were 5000.
10. pecreed that Zellin s. Co. pay all the costs,
which aOuntto several thozsard dollars, The record
being one OF the largest ever filed in the Supreme
Court. ~
Cheap Medicine.
As rule, "chccp madeleine IL inert. worthless,
dangerous. In Zelin s. 20. 'sanswer to Bit they
sad the packages eClOsned were designed 'Cleap
negro medicine for the negroes Of the MISSES pqI
Valley Now as Zeilin & Co 5 semcrts say,
cad their manager sEore, that oil tue liver medicine
which they make is made By the same formula, is IA
not conclusive evidence from their sworn testimony
End advertisements. that all the liver medicine
Gtin from them - Cheap Negro MedIcIneZ' QCos-
ton: Do the sick Of Amer ca desire Cheap Negro
Ne licine2'' Let the Rli cted answer By their
future purchases. DR.. 81. A. Simmons Liver
Msli-iao, established IN lSiO. IS not cheap Tcdi-
ciua." 10 is no at - n"d IS only recon-
men tel for those -4sp0sa Ons caused BY inactivity
CO he liver.