Savannah courier. (Savannah, Tenn.) 1885-1979, 1898-04-15
ouls Republlc, July 4. 1909. I

simsnOns Meoi CLEO company, 81.
!,ouis, Defeats j. III. Zeiiin q Co.,
Philadelphia.
tFrom st. Louis Republic, July 4, 1897
Inc supreme Court OF Tennessee on juno 80 de-
eided tho most important trademark case that has
ever BON tried in thGt State aud ono Of the largest
ever tried In the Union affirming and enarging tho
opinion OF the court below. The court he'd;
!. That DR.. NJ. A. Simmons, the predecessor OF
complainant, by extensive advertising OF his eee-
trated remedy known as simmons Liver Meel-
Tine" made 1t standard remedy for liver diseases
long prior to the acquisition by ]. II. Zeilin Co. Of
4. That the assignor OF j. II. Zeilin Co., through
whom they claimed the right TO mako tho fraudulent
packages enioned never derived any title from A. O.
simmons to make the medicine nor TO use his name
or picture, and that such use by Zeilln & Co. 10 O
fraud upon the public, and is therefore enlolnod.
3; That zGla co: pHrpo,ely traadalsny "a.
n,dicine 70 unfairly appropriate tho trade Of the
Summons Medicine Conn eny, and the execution Of
4. Enjoined 2eiin & Co. from usinS ticir com.
petitor's trade-name. trade marks, or Symbols or
limitations thereof to deceive tho public and unfairly
appropriate to themselves tho trade Of the O. y.
Simmons Medicine Co.
8. Enjoincd Zeilln G Co., from deceiving s7d
practicing fraud upon tho public by labelling their
paekases 10 imitation OF tho wrappers and trade
8, EnIoined Zeilin & Co. from the manufacture
and sale OF the medeine under the name OF "sim-
Medicine" or" Liver Med cine by A. Q. si;amons,"
md from uSing the picture OF A. 9. Simmons In
connection herewith.
Z. Enioined Zeilin & Co., their assgnees, agents
and employees from dcceiyilg and practiclng fra d
upon tho public by the sale OF packages thus falsely
labeled. either upon orders calls for the genuine
"S.muions Liver Medc,len Of complainant, or
In any package thus falsely labeled.
g. The court stated that II was tho purpose OF the
court TO entirely destroy tho fraudulently labeled
packages above described, and cause their removal
from the market, and ordered Zelin & Co. TO liver
to tho clerk to DO destroyed, oil cuts, dies electro-
types, engravings and other paraphornaa used In
inpressng either OF tbs above names or the picture
OF A. Q. Smmous
0. Decreed that Zeilln & Co. pay ell the damages
which have accrued TO complainant by the salo OF
these fraudulently labeled PACKAGES. The damages
claimed by complainant were 5000.
TO- Decrecd that Zeilln Il Co. pay all the costs,
which amountto several thousand dollars, tho record
bong ono OF tho largest ever filed In tho Supreme
Court"
Chenp Medicine.
As rule, "cheGp medicine Is inert, worthless, or
dangerous. In Zein & 90. 'sanswer TO our bill they
said the packages enjoined designed as "cheap
negro medicine for the negroes Of the Mlsslss ppi
Valley Now, 40 Zeilin & Co. % advertisements say,
and their manager Bwore, that all tho liver medicine
which they mako is made by the same formula. Is Is
not conclusive evidence from their sworn testimony
rad Advertisements that all the liver medicine ennn-
nting from them s"Cheap Negro MedicneT' Ques-
ton: Do the eick OF Amer ca desire Cheap Negro
Meiicne?" Lot the AMI cted answer BY their
NE licino, established in 1910, 10 not cheap medi-
cine.n Il Is mo euro all - AID IS only Iecom-
nended for those indispost ons caused BY inactivity