Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1900-07-14


April II. 1sS9-"A narrow, oblong
neck label. of orange or yellow color"
Used since 1880
The imitation of the general ap.
pearancc of your orators goods has
heretofore been In controversy In
divers courts of England and the Uni
ted States. In u number of suits. In all
of which. without exception. your ora.
tor has been successful.
Middlcmcn and dealers In mineral
waters procuring water from them
have repeatedly supplied the said
orange or yellow labeled water bottled
by the respondents, when Apollinaris
Water was ordered. without disclosing
to the purchaser that lie was not re-.
cclving what he asked for. and have re-
pcatcdly been able, by means of such
imitation of the name, labels and style
of bo,tling of your orator, to deceive
such purchasers. and thus to pass Off
water bottled by the respondents for
that of your orator, to your orators
great pecunlary loss and damage.
Henry Melville. Esq. of New York
City, counsel for the Apollinaris Com.
pany. states In IN affidavit filed In said
| suit that he was associated with I,os-
| coc Conkling previous to his dcccasc:
| that In sixteen saloons In the city of
| Chicago. where he called nnd asked for
| Apollinarls, he was given Almanaris
instead.
Complaimnts then ask the Court for
I'm injunction restraining defendants
, from using the word Almnnarls. the
orange and yellow or oval label.
| Circuit Court of the United States
for the Eastern District OF Wisconsin
The .tpolllnaris Company U.lmltcdb
complainant, vs.. American Mineral
Water Go u.imltcb ct al, respondents
J.. These defendants admit that tn,
complainant herein Is an "alien," bu
further as tn their existence or organi
znllon they have no personal knowl
edge.
=. Defendants admit their citizen
ship of the United States and say the!
are body corporate, organized undc
the laws of the State of Illinois nm,
especially by an act of the General As
scmbly of the State Of Illinois. IN,
have II legal existence and residence
as body corporate and their said RESI-
: dencc and principal office and place o
! doing business Is in the city of Chi
= cago.
+ =. Defendants admit that there Is i
> the Valley of the Abr, In the Kingdom
! of Prussia, II spring from which III
L complainant company formerly ol
tanned and trafiicked in It's waters. 81,
I defendant denies that distance lend
!, any enchantment to the product sol
! by complainant company over that &
. these defendants, or that II has an
!, prestige on account of being located
il u valley, but on the contrary alleg
q that the product of this defcndan
q forced by natural causes from laby
:, inthlan depths 10 earth's surface. upC
II an elevation amid the unrlvaled m
:, ural atiractivcness and Salubrlous II
t mosphcrc near the bcau-idcal city
:. Waukeshn. IN the peerless state of WI
consin. In these United States of Anne
J.. lea. H. u rare gift from the God of \
II ture To the American people, Whit
J. they highly appreciate and In lieu
which they will never accept any fC
Y cign water yet discovered, thou'
IF millions of dollars are expended
l. advertising It,"
r. 4. Defendants admit the antiquity
II complainant company's water, but {
D. clare that as 10 its utility as bev'
age. or as 10 being u great commerce
Il factor II has passed the period of M
l. lcSccnce and of its prime and Is now
- n condition approaching scnility; I'll
il 1t was never intended by nature to
n other than Il propylaeum to the int
:. ductiOn of defendants waters, viii
~ are as defendants believe, TO beech
n. IA panacea. Defendants also adm
r. that II was named for a certain
no called saint, "Apolllnaris," but de
cOmplainants' allegation that il Is
ne no way descriptive of the ingredlen
ur nature or quality of said water VIII
H. the same was sold" However II
ho this may have been during the peri
or of the first years of the sale, and no
lc- ever far 1t was from the intentions
&c those comforting the cogn0mcn, yet
name and the circumstances Of
nj adoption defendants allegc Is astOnli
ingly, marvelously and proDhetca
or descriptive Of the nature, quality n
nc characteristics Of the water as well
m. 10 some extent of complainant co
pany.