The Opelousas courier., 1898-02-12
IS JUST AS COOP FOR ADULTS.
PRICE SO cts.
THE A ENJOINED.

5aEI "A EtSDOklSLUs
Report OF Eseeree-The Famous ESQ.,
Simmons Medi cine Com pRny, 20.
Louis, Defeats J. III. Zeilin & Co.,
Philadelphia.
from St. Louis Pepublic, July 4, 1891
"The Supreme Court OF Tennessee on June 80 de-
cided the most important trademark case that has
ever be n tried in that state and one of tho largest
ever tried in the Union. affirming and eularging the
opinion Of the court below. The court he. d;
!. That DR.. NJ. A. Simmons, the predecessor OF
bratsd remedy known as Simmons Liver Medl-
tine,' made II O standard remedy for liver diseases
long pri r to the acquisition by J. q. Zeilin & Co. OF
Z. That the ~assignor of J. Fl. Zeiin 6 Co., through
whom they claimed the right to make the fraudnleps
Simmons to make the medicine nor 10 use his nams
or picture, and that such uso by Zeilin &c Co. 10 o
fraud upon the public, and is therefore enloined.
teied their medicine in Imitation of complainsnt's
medicine to unfairly appropriate the trade OF the
this fraudulent purpose and act is enioined.
4. Enjoined Zei!in G Co. from using the!r cons
petitor's trade"nane, trade- marks, or syrtois, or
appropriate to themselves the trade OF the q. u
Summons Medicine Co..
p~racticing a fraud upon the public by labelling their
packages in imitation OF the wrappers and trade"
marks o. the eonpla!nant; ..
and sale Of the medicine under the name Of ''sim-
mons Liver Medicine or D Simmons Liver
QleQlCl0e,' OF Liver MeQlClD6D y A. Qs SltlWOubs
and from using the picture Of A. Q. Simmons In
connection Herewith.
:. Enjoined Zeilin & Co, their assfgneea, agents
and employees from decelving and practicing @ fra"d
upon the public BY the sale OF packages taus falsely
labeled, either upon orders or calls for the genuine
"Simmons Liver Medicine - OF complainant, or
In any package thus falsely labeled.
6. Tho court stated that it was the purpose OF the
court to entirely destroy the fraudulently labeled
packages above described, and cause their removal
from the market, and ordered Zeilin & Co. to deliver
70 the clerk to be destroyed, all cuts, dies, electro
types, engravings and other paraphernalia used ia
impressing either Of the above names or the picture
Of A. Q. Simmons.
Q. Dscreed that Zeilin & Co. pay all the damages
which have accrued to complainant by the sale OK
these fraudulentlyl labeled packages. The damages
c,simed by complainant were 5000.
10. DecTeed that Zeilin & Co. pay all the costs,
which srouast to several thousand dollars, the record
being one Of the largest ever filed in the Supreme
Court --
Cheap Medicine.
ks q rule, "cheap medicine" Is inert. worthless, or
dangerous. In Zeilin e Co. 8 answer to our bill they
ssid the packages enioined were designed as cheap
negro medicine for the negroes of the Mississippi
Valley" Now, ns Zeilin G Co. g advertisements cay,
and their manager swora, that all the liver medicine
which they mako is made by the same formula. Is shis
not conclusive evidence from their sworn testimony
and advertisements. that all the liver medicine eman-
at;ne from them is "Cheap Negro Mediciue?'' CUES.
ton: Do the sick of = meri ca desire Cheap Negro
future purchases. DR.. NJ. A. Simmons Liver
lie licine, established IN 1910, is not cheap med!-
cine" It ia no cure all ~ ard Is only Iecom-
menGed for those iudispositi ons caused by inactivity
OF the Liver.