The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-08-21
SUES TOPEKAMAN
S.H.Gunder,of Virginia, Charges
Copyright Infringement.
Asks Injunction Against w. E.
Graves, of Topeka.
ABOUT TOOTH POWDER
Claim Made That Local Hen
Initiate Him.
Chas. S. Eagle Also Named as
Defendant.
ABOUT TOOTH POWDER

Claiming an infringement of his pat
ent rights, Samuel H. Gunder Of Rich
mond. Va. manufacturer of E. l.
Graves tooth powder, brings a suit in
the United States circuit court against
Chas. S. Eagle and W. E. Graves Of
Topeka, who it is claimed, are the man
ufacturers of a W. E Graves tooth
powder put up in similar shape to
that Of the plaintiff, and asks per-
petual injunction against the defend
ants in addition to damages. The
plaintiff at considerable length details
the virtues of his preparation the right
to manufacture which he purchased
from DR.. Erastus L. Graves Of Chi
cago in 1899 after the latter had been
manufacturing it for a period Of %
years.
Gunder objects to the use Of the name
Of Graves in connection with the ad-
VertiSement of the Topeka tooth pow
der and also to the similarity Of the
cartons, boxes and tubes in which the
local manufacturer puts up his tooth
powder. The size and the color OF the
cartons are specially Objectionable. And
in support OF this he makes an exhibit
of the cartons of his own preparation
and that of W. E. Graves of Topeka
The petition states: THAT the said
defendants place at the bottom OF the
panel on the said box manufactured by
w. E Graves of Peoria, o. 8. A, the
words w E. Graves, purporting to be
the signature of said W. z. Graves but
in reality being simulative of the sig
nature of E. L. Graves which appears
on the back of the compainants pack
age, for the sole purpose of enabling
them to defraud your orator of trade
and profit by selling their powder as and
for the powder manufactured, adver-
tised and sold by your orator with the
intention to deceive and thereby act
ually deceiving the public and custom
ers."
The Injunction asks that the defend
ants be perpetuaHy enjoined from man
ufacturins, selling or Offering for sale
the tooth powder manufactured by W.
E. Graves. From using the name of
Graves in connection with the manu-
facture Of tooth powder, and from i'm
itating the size, form and shape of the
cartoons and the other forms IN which
the tooth powder is exposed for sale.
Gunder asks the court to destroy all the
tooth powder. cartons and labels which
have ben put out by w. e. Graves and
demands that the defendants pay all the
damages which have occurred TO him as
a result of the manufacture Of the rival
product. In addition to this he wants
an accounting to be made by the de-
PENDANTS Of their sales and the pay
ment of all the profits to be made to him
as balm for the damage which he is al
legged to have suffered.
Though the place Of manufacture IS
given as Peoria, W. E. Graves lives in
this city and maintains his headquar-
ters here. 'T have no connection with
Graves in this company. It's simply
a mistake on their part said Chas. s.
Eagle, who is named as one Of the de-
PENDANTS. Il am interested with Graves
in the manufacture of a dyspepsia cure
which helped him to finance but aside
from that I have no interests in common
with him I don't know anything about
this suit
w E. Graves was not surprised to
hear of the filing of the suit. 7 have
been expecting this for some time" he
said. They have attempted to intimi-
date me and all the places where my
tooth powder has been for sale, the
drug stores and department stores.
Il have had a good deal of trouble
with that man Gunder. But he can't
do anything. His suit win fall fat there
is no resemblance between the two box
es or the way they are put up. have
been manufacturing this tooth powder
for a year.