The Birmingham age-herald., 1905-08-26
PAUL JONES LOOMS UP NOW IN COURT Not Naval Hero But Whisky ot
 That Name LOCAL FIRM DEFENDANT j. c. Marks Liquor Company Sued By Paul Jones and Company of Louis vllIe--lnfrIngement of Rights
 Is the Charge.
LOCAL FIRM DEFENDANT

ham. with headquarters on Second ave- nue. betwen Twentieth and Twenty-first streets, is made the defendant in a long and interesting complaint filed in the United States circuit court late yesterday afternoon by Paul Jones & Co.,, distillers, of Louisville.
 The complaint was filed by w w. Watts of Louisville, general counsel of Paul Jones & Co.,, upon information ob- tained by John W. Lowry, the agent of the company in this territory.
 Briefly, the complaint charges that The J. c. Marks Liquor Co. of this city has in- fringed upon the rights of Paul Jones & Co. in using an imitation of the latters s trade marks and has sold whisky, bottled and barreled, which was represented to be that of Paul Jones & Co.,, whereas In reality is was not the genuine Paul Jones brand.
 The bill asks for an injunction restrain ing The J. c. Marks Liquor Co. rom further infringement upon the rights or Paul Jones & Co. and such amount or damages as the court may see fit to award.
 The complaint will be heard Tuesday at Montgomery before Judge Thomas G' Jones'
 If Ia understood that Paul Jones & Go. will exhaust every possible expedient 10 punish the alleged infringement upon it's rights.
 How he Suit Originated.
 little more than a month ago, John U Lowry. who for four years has been the agent of Paul Jones x O., Tn NC" orleans. came to Birmingham and opened offices in the Chalifoux building. me yellow fever situation In New Orleans reouired that he move his offices to thls citv where his company had the largest trade in the south. While soliciting pusi- ness here, he was told by Samuel san ders. a local liquor dealer, that ne 'oai- ders) had recently purchased plii oi the Paul Jones whisky from The J. C' Marks Liquor company
 This announcement interested MT. Lowry He set at work to collect eVl- dence in the case This evidence in the form of numerous aud specific affidavits' ,s set out in the bill of complaint It tends to show that the defenoant mas sold. in bottles and in barrels whisky which purports to be the genuine pro duct of Paul Jones & Co.,
 In support of this specific charge ar fidavits are presented from Charies Lewis secretary of the Illinois Glass company, and Edward B. Tinsley or Louisville, w. R. McGavock, D. J. ovens Jobn w. Lowry, Samuel Sanders and $. q r,ovelI. the last five of Birmingham'
 The Lewis affidavit states that faui Jones S Co.'S whisky Is sold Tn potties specially manufactured for them py the company of which Lewis is secretary.
 The Tinsley affidavit says that he has made the photographs of the Paul Jones & Co.'S genuine bottles and barrels that are set out as exhibits in the complaint
 McGavocks Affidavit.
 W. R. McGavock swears that August '' 1eo5. be bought of the J. c. Marks Liquor company a bottle of fluid dark brown In color bearing the words Paul Jones whiskev. Louisville, Ky" and lapei hearing the words Paul Jones Fine Rye whiskey." He says that the said notti was sold to him "as and for bottle or Paul Jones, whiskey; that is, the WHISKY of Paul Jones & Co. of Louisville, Ky. t1a cave the bottle to MT. Lowry.
 n. I. Ovens affidavit says he made nurcbase of the J. c. Marks Liquor com pany August [ 1905, similar to that oi McGavocks and corroborates facts sim liar to those set out in McGavocks ar fidavit.
 Mir Jowry's affidavit states that the hotties purchased by McGavock ana Ovens were given to him unopened. and ha sbinned the same to General Counsel Watts of Louisville.
 Sanders Bought Barrel.
 Samuel Sanders affidavit states that on or about August ', 1905, he ordered or the J. c. Marks Liquor company a halr barrel of Paul Jones private stocK whisky, and that the same was delivered to- him by said company.
 B. G. Covell's affidavit states that Co., we'll photographed the whisky barrel re- ferred to by Sanders.
 These photographs of the whisky par- rel as we'll as photographs of the bottles said to have been sold by the defendant, accompany the bill of complaint as ex- hibits, as do also comparative photographs of the genuine Paul Jones & Co.'S bottles and labels and the alleged imitation labels used by the J. c. Marks Liquor Co.
 Interesting Exhibits.
 These exhibits form one of the most interesting collections of their kind ever