Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1908-04-10
SEARS, R0EBUCK CO.
IN TROUBLE AGAIN
THEY HAVE BEEN ENJOINED
BY u. S. COURT.
Injunction Preventing Them From
Selling the Infringing Separator
known as the Economy" and
the improved EConOmy"Users
are Equally Liable.

In lOiiOW Ing llOlb LIC 1aSl Issue VI
the Merchants Trade Journal, pub
lIshed at Des Moines, Iowa, will be of
interest to many of the readers of
The Leader:
There IS au old adage worded
something like this TROUBLES do not
come single handed and verify,
Sears, Roebuck & Co., of Chicago,
are having such an experience. In
November, because of the efforts of
The Journal, they were indicted in the
United States courts for using the
United States mails for fraud and now
the United States Circuit Court for
the southern district of New York,
has isseud an injunction against chem,
preventing their selling the infringing
separator, known as the Economy"
and the Improved Economy" This
Injunction prohibits them from selling
or advertising for sales these infring-
ing separators.
GAS the Journal understands it,
these infringing separatOrs are manu-
featured for Sears, Roebuck & Co. by
the Iowa Dairy Separator Co., of Wa
terloo, Iowa, and it seems this manu-
featuring concern will, in all proba-
hilitiss, DE included in a later ruling
of the court.
''The Journal understands that the
Iowa Dairy Separator Company did
their best to help Sears, Roebuck &
Co. defeat the application for an in
junction, but failed. 1t is plain to see
why the Iowa Dairy Separator Com
pany would be so vitality interested in
the outcome of the contention. The
rulings of the United States Court
state that the patent, which was in
fringed, belongs to the Vermont Farm
Machinery Co., ut Below Falls, VT. =,
and to the Empire Separator Company,
of Bloomfield, N. j. and that this
patent was issued on March 8, 1896.
''The ruling of the United States
Court on this patent was broad indeed.
and not only makes Sears, Roebuck &
Co. liable for the infringement, but
also holds that each and every user of
these infringing separatOrs are equally
liable. In other words, every farmers
in the United State who bought and
uses one of these ECONOMY" Cream
Separators, is liable for infringement,
and the only way for them to avoid
being implicated in this case and lay
ing themselves liable to violation in
the United States Court injunction is
to ct once discontinue the use of these
infringing separators.
"While The Journal cares but little
as to the Inconvenience this Will cause
Sears, Roebuck & Co., We do regret
that the farmers, who have been limo
cent purchasers of these infringing
separators, have also gotten them
selves into trouble.
''The thing for The Journal readers
to do is to get this information, at
once, into the hands of their local pa
pers, and let these papers notify their
readers of this Injunction, and warn
them of their liability in the use of
these separators. Information has
come to The Journal that farmers who
have recently purchased separators from
Sears, Roebuck & Co., are returning
them and demanding their money. 1t
would seem that the only thing Sears,
Roebuck & Co. can do under the cir
cumstances, is to accept these infrng-
ing machines and return the money.
"No user of these machines need
think they can escape being found out,
because one uf the sections in the rul-
ing of the United States Court, reads
as follows: "Ordered, adjudged and
decreed that it be referred co Samuel
M. Hitchcock, ESQ.,, one of the Mas
tiers of this Court, to ascertain, take,
state and report to this court an &C
count vf the number of all centrifugal
separating apparatus and parts there
of made, used or sold by the SAID de-
PENDANT and it's confederates in III
fringement Of each or any Of the said
claims of said letters patent. and TO
WHOM SOLD AND AT WHAT
PRICE. And an account of the num-
Der of such articles and parts thereof.
which the said defendant has on hand.
and also all of the gains, profits and
advantages which the said defendant
and its uonfederates have received or
which have accrued to said defendant
and it's contederates from or through
the said infringement, and to assess
the damages suffered by the complain
ants by reason Of said infringement by
the defendant and it's confederate, and
report to this court with all convenient
speed
cit will be seen by this section that
the concerns owning these patents.
through a ruling Of the court. will
know exactly whu have bought the in
fringing machines from Sears. Roe
buck Co.
"This is all important matter and
local papers will not be doing their
duty and local merchants will not be
doing their duty, if they do not see
that this gets into print at once. 1t
is unfortunate for the farmers who
have purchased these infringing sepa-