with said medicine.
Plaintiff further shows that he is the sole owner by right of pri-
ority of adoption and use of a certain other trade-mark entitled
"Book of $2,000.00 Prize Enigmas," containing the representation
of a man, representing a botanist standing beside a palm tree ex-
amining a plant through a magnifying glass, and other matters
not necessary to be here mentioned, all the same being printed on the
cover of a pamphlet.
Plaintiff further shows that he is the sole owner by right of pri-
ority of adoption and use of a certain other trade-mark representing
the front of a fire-proof safe, in the central part of which is shown a
negro, on one knee gathering herbs, above whom are the words,
FORMS OF BILLS AND ANSWERS. 345
*' Warner's Safe," and below him are the words, "Kidney and
Liver Cure. "
Plaintiff further shows that for the purpose of guarding against
fraudulent imitations of his said medicine, and to authenticate the
genuineness of goods of his manufacture, he caused, and still causes,
each bottle of the same to have wrapped about it a pamphlet bearing
his said trade-marks with loose circulars between the leaves of said
pamphlet, and wrapped about the same another printed circular,
printed in several different languages; which said pamphlet con-
tained a great many testimonials of the intrinsic value of said medi-
cine as a remedy for various diseases and disorders, and also fac-
similes of the signatures of the signers of said testimonials; and said
pamphlet containing, among other matters, a great many enigmas for
the solution of which large prizes were offered by the plaintiff.
That as a further precaution against fraud, and as a means of iden-
tification, the said medicine is packed in wooden boxes, which boxes
contain each one dozen bottles of plaintiff's medicine labeled and
wrapped as aforesaid, and bearing upon one side of the boxes the fol-
lowing printed words: "One Dozen Warner's Safe Kidney and Liver
Cure, Manufactured by H. H. Warner & Co., Rochester, N. Y."
And the said plaintiff further shows that he has ever since the
dates of the adoption of the said trade-marks been and now is solely
entitled to all the rights, interests and privileges thereby so secured
unto him; and that the said medicine with the accompanying trade-
marks has been extensively introduced to public use, and that large
quantities thereof, to wit, several millions of bottles, have been pur-
chased and consumed by the public for which he has received sev-
eral millions of dollars, and that he would but for the wrongful acts
of the said defendant, Frank Roehr, have made further large gains,
profits and advantages from the manufacture and sale of said medi-
cine. And plaintiff' further shows that heretofore, to wit, on or about
the day of October, A. D. 1883, at the city of Chicago, in the
district aforesaid, the said defendant Frank Roehr, well knowing the
premises, and the rights and privileges theretofore secured unto him
the said plaintiff, and in order to deprive him of his profits, benefits
and advantages which might and otherwise should and would have
accrued to him at the said district, and elsewhere, unlawfully, un-
justly, and wrongfully simulated the various aforesaid trade-marks,
circulars, labels, wrappers, packages and boxes, in which said gen-
uine medicine of this plaintiff has been put up for the purposes of
commerce, and for the purpose of carrying into execution his nefari-
ous enterprise in that respect, the said defendant, F. R., employed
large capital, and a large number of assistants, including printers,
electrotypers, photographers, and other persons skilled in the arts
necessary for the accomplishment of his unlawful purpose aforesaid,
and did make exact representations of the genuine trade-marks,
labels, etc., hereinbefore described, so closely resembling the genuine
as to be calculated to deceive purchasers, and which in many in-
stances did actually deceive purchasers, who supposed that thej'
346 APPENDIX H.
were buj-ing- theg-enuine medicine manufactured as aforesaid by tliis
plaintiff, when in fact the simulated packages contained only a base
fluid, colored to resemble the genuine medicine of the plaintiff.
Plaintiff' further shows that said defendant, F. R., manufactured
large quantities of packages made in exact representation of this
plaintiff's genuine packages, and containing inside thereof the sim-
ulated labels, wrappers, etc., hereinbefore described, and bottles
filled with a fluid purporting to be this plaintiff's genuine medicine,
but which in fact was not so, but only a base imitation thereof, and
offered for sale at the district aforesaid and elsewhere, and did sell
large quantities of the same, all of which said wrongful acts of said de-
fendant, F. R., were done without the knowledge, consent or acqui-
escence of the said plaintiff, and with the intent to injure and de-
fraud him, to the damage of this plaintiff of twenty-five thousand
dollars ($25,000), and therefore he brings this suit.
W. H. B.,
J. F. L.,
Plaintiff's Attornej's.
Indorsed: Filed Dec. 6, 1883, Wm. H. Bradley, Clerk.
BILL OF COMPLAINT.
(Taylor v. Carpenter, 3 Story, 458.)
To the Judges of the Circuit Court of the United States for the Dis-
trict of Massachusetts:
J. T. and W. T., of the borough of Leicester, in that part of the
United Kingdom of Great Britain and Ireland called England, man-
ufacturers, subjects of Victoria the First, queen of said kingdom,
and aliens to each and all of the United States of America, and the
territories and districts thereof, bring this bill of complaint against
D. C, of F., in the said district of Massachusetts, manufacturer, a
citizen of the said state of Massachusetts. And thereupon the said
J. T. and W. T., complaining, say that for many years past they have
been very extensively engaged in manufacturing cotton thread at
Leicester aforesaid, and vending the same in large quantities, not
only in England, but throughout the United States, and in particular
in the city of B., in said district. That their said thread is, and for
many years has been, put up for sale on spools, and labeled on the
top of the spools "Taylor's Persian Thread" in a circle, in the cen-
ter of which is the number of the thread, and on the bottom of some
of the spools "J. «& W. Taylor, Leicester," and on the bottom of
others, "J. & W. Taylor," with the number of yards of thread on
each spool, each spool usually containing two hundred yards or three
hundred yards of thread, and the spools containing two hundred
yards being black and labeled "200 yds. " on the bottom of the spool,
and those containing three hundred yards being red, and labeled "300
yds." on the bottom of the spools. And on the center of some of the
FORMS OF BILLS AND ANSWERS. 347
said labels on the bottom of each spool is stamped the symbol or print
of the head and forepart of a lion rampant. And on the center of
other of said labels is stamped a coat-of-arms, the shield whereon
contains a lion rampant, and over the same three balls with the
motto "In Deo Confido. " And your orators further say that their
spools so marked, stamped, colored, or labeled as aforesaid, are put
up for sale in paper envelopes, each containing- one dozen of spools;
which said envelopes are prepared and stamped by your orators for
said purpose, and some of said envelopes bear in raised letters
stamped on them the inscription, "The Persian Thread, made by
J. & W. Taylor, labeled on the top of each spool, Taylor's Persian
Thread, and on the bottom J. & W. Taylor, Leicester. The above
is for the protection of buyers ag-ainst certain piratical articles of
inferior qualit}', fraudulently labeled with the name of Taylor."
And on other of the said envelopes is stamped a coat-of-arms repre-
senting- a shield, the upper division of which is gilt, and contains
three red balls, and the lower division thereof is red and contains
the effigy of a lion rampant, with the motto under the same, "In Deo
Confido." Your orators further show unto your honors that their
said thread has been and is manufactured of various sizes and num-
bers, to meet the wants of the trade; and by means of the care, skill
and fidelity with which your orators have conducted the manufacture
thereof for a series of years, their said thread has acquired a great
reputation in the trade throughout the United States, and large quan-
tities of the same are constantly required from j'our orators to sup-
ply the regular demand for the consumption of the country. And your
orators have established agencies for the sale thereof to the wholesale
dealers and jobbers in the cities of B., N. Y., P. and N. O., and in
addition thereto your orators employ B. W., now residing in said city
of N. Y., as their general agent for the United States, in relation to
the sale of their said spool sewing cotton thread; and a mercantile
firm of H. & C. are the agents of your orators for the sale of the same
in the city of B. ; and your orators further show unto your honors that
their said thread is known and distinguished by the trade and the
public as "Taylor's Persian Thread," and that your orators were
the original manufacturers thereof, and the first who introduced the
same to the public. That your orators' said general agent, on or
about the first day of March last past, hearing that complaints were
made of the quality of "Taylor's Persian Thread," proceeded to
investigate the cause of said complaint, and thereupon ascertained
that a spurious article of spool sewing cotton thread was ofi^ered for
sale bj' sundr}' jobbers in the said city of B., as and for your orators'
"Persian Thread," and that such complaints had arisen from the
fraudulent imposition of such spurious article on the public. Your
orators further show unto your honors that their said agent further as-
certained, upon inquiry, and your orators charge the facts to be, that
the said spurious thread so sold and offered for sale in the said city
of B., or some of it, was furnished to the said jobbers by D. C. either
by him personally or by one F. D. E., of B., his agent in that behalf.
348 APPENDIX H.
and your orators are informed and believe that the said D. C. has
sold the said thread, put up, marked and designated as aforesaid,
in the said city of B. ; that the said D. C, disregarding the rights of
your orators, and fraudulently designing to procure the custom and
trade of persons who are in the habit of vending or using your
orators' said ''Persian Thread," and to induce them and the public
to believe that his said thread was in fact manufactured by your
orators, had engaged extensivelj' in the manufacture of sewing cot-
ton thread, and caused the same to be put up for sale in envelopes
and on spools similar to those used by your orators, and so colored
and stamped and labeled as to resemble exactly the said spools and
envelopes used by your orators. And the said spool sewing cotton
thread, prepared bj' the said D. C. and sold by him, and which he
is engaged in selling as aforesaid, is an exact imitation of the same
article which your orators had been manufacturing as aforesaid, and
selling in the United States for many years before the said D. C.
commenced his said fraudulent imitation thereof. And the said spuri-
ous article, although inferior in quality to the genuine Persian Thread
manufactured by your orators, can only be distinguished therefrom,
so exact is the said D. C. 's imitation as aforesaid, by a careful ex-
amination of its quality, and by its falling short in the number of
yards contained on each spool from the number marked thereon as
the contents thereof. And that the general appearance of the spuri-
ous article is the same as that of your orators' genuine thread, and
well calculated to deceive those dealing in the purchase and sale
thereof. Your orators further show unto your honors that their said
general agent has obtained specimens of the said spurious Persian
Thread so sold by the said D. C. That in some of the specimens
thus obtained, the thread is put upon black spools, and in other of
said specimens the thread is put upon red spools, and said black and
red spools are of the same size and appearance with those used by
your orators, on the top of which spurious spools there is pasted a
round paper label, partly gilt, on which is printed in a circle the
words "Taylor's Persian Thread," and in the center of the circle
the number of the thread; and on the other end on the bottom of such
spurious spools there is pasted a round paper label on some of which
is printed in a circle the words, "J. & W. Taylor, Leicester," and
on others, "J. & W. Taylor," with the number of yards of thread
on the spools, and across others of the labels on. said black spools the
letters and figures "200 yds.," and on said red spools the letters and
figures "300 yards" are printed, and in the center of the said labels
there is impressed the figure or symbol of the head and forepart of a
lion rampant. And in other of said specimens the thread is put on
spools corresponding in all particulars to those herein just before
described, except that the labels on the bottom thereof bear a coat-of-
arms, the center of the shield whereof contains a lion rampant, with
three balls over the same, and with the motto under, "In Deo Con-
fide." Your orators have also obtained specimens of the envelopes
in which said D. C. 's spurious thread is put up and sold by him or
FORMS OF BILLS AND ANSWERS. 349
his ag-ents, which bear the same inscriptions, letters and stamps that
those used and employed by your orators bear. And in all these
particulars of the labels on each end of the said spurious spools of
thread, and the envelopes in which they are put up, they are exactly
like the envelopes and the labels on the respective ends of the spools
of your orators' g-enuine Persian Thread, as hereinbefore stated.
Your orators further show unto your honors that they have not yet
ascertained the extent to which the said D. C. has carried his said
fraudulent imitation and sale of your orators' said thread. But your
orators' said g-eneral ag'ent has found the same offered for sale to the
trade in at least six wholesale or jobbing- houses in the city of B.,
as "Taylor's Persian Thread" — from which your orators believe,
and they therefore charge, on their belief, that the said D. C. has
been and is eng-aged in selling- his said fraudulent and spurious
imitation of your orators' "Persian Thread" to a large extent in
various places in the United States, with intent that the same should
circulate and be received and used by the public as Taylor's genuine
' • Persian Thread. ' ' And your orators further show unto your honors
that the fraudulent and inequitable conduct of the said D. C. is not
only injuring- them in the sales of their said genuine "Persian
Thread," and the profits which they would otherwise reasonably
make thereon, but by the inferior quality and false measure the
said spurious "Persian Thread" is greatly prejudicing tlie reputa-
tion of your orators' said "Persian Thread" in the market, and,
unless the said imitation is discontinued or prevented, will ultimately
destroy the character and standing of the genuine article. And your
orators also charge that the said spurious article is a fraud and
deception upon such of the citizens of the state of Massachusetts, and of
the United States, as purchase the same, believing it to be the genuine
article manufactured by your orators. And your orators further
show unto 3'our honors that in the month of March last past, having
discovered a portion of the aforesaid fraudulent conduct of the said
D. C, your orators did file their bill of complaint before the chan-
cellor of the state of New York, wherein they set forth many of the
facts which are in substance hereinbefore stated, and prayed for an
injunction to restrain the said D. C. from the aforesaid fraudulent
use of the name and trade-marks of your orators, and the same was
granted by the court; and the said D. C. having appeared and filed
his answer to the said bill, did therein admit that he had used the
name and trade-mark of your orators in manner set forth in the bill
aforesaid; but denied that the article manufactured by him was of
inferior quality to that manufactured bj' your orators; and after-
wards an application was made to the chancellor to dissolve the
injunction aforesaid, which last mentioned motion is now before the
said chancellor, and by reason of the great number of causes depend-
ing before him, the aforesaid cause cannot be decided without great
delay. And your orators are informed and believe it to be true that
the said D. C, residing out of the jurisdiction of the chancellor of
the state of New York, can, with impunity, disregard the injunction
aforesaid, and that he has continued to make sales in the city of B.
350 APPENDIX H.
and elsewhere of the said thread, put up, labeled, and appearing
precisely like that made, put up, and sold by j^our orators, and your
orators continue to be greatly injured thereby.
In consideration whereof, and for as much as your orators are reme-
diless in the premises at common law, and cannot have adequate
relief save bj- the aid and interposition of this court, to the end, there-
fore, that the said D. C, if he can, show why your orators should not
have the relief hereby prayed, and may upon his corporal oath, and
according to the best and utmost of his knowledge, remembrance, in-
formation and belief, full, true, direct and perfect answers make to
the several interrogatories hereinafter numbered and set forth; and
the said D. C. and his attorneys, solicitors, counselors, agents and
servants maybe enjoined and restrained from manufacturing, selling
or offering for sale, directly or indirectly, any spool cotton sewing
thread manufactured by him or any person other than your orators,
under the denomination of "Taylor's Persian Thread," or on spools
with the words, "Taylor's Persian Thread," or "J. & W. Taylor,
Leicester," or "J. & W. Taylor," printed, painted, written, or
stamped, or attached or pasted thereon, or with your orators' said
device of a lion rampant, or with their said coat-of-arms thereon; or
on spools so made or having any label, printing or device thereon, in
such manner as to be colorable imitations of your orators' said spool
thread, usually known as "Taj'lor's Persian Thread," and that the
said D. C. may be decreed to account to your orators for all the
profits which he has made by the sale of his said fraudulent imita-
tion of your orators' thread, and all the profits which your orators
would have made on the sales of their genuine thread but for the
said D. C. 's inequitable and wanton piracy of their said name,
spools and labels; and that 3'^our orators may have their costs and
charges in this behalf paid by the said D. C. ; and that your orators
may have such other and further relief in the premises as to your
honors shall seem meet, and shall be agreeable to equity and good
conscience.
May it please your honors to grant unto your orators a writ of
injunction, issuing out of and under the seal of this court, to be
directed to the said D. C, his attorneys, solicitors, counselors, agents
and servants, therein and thereby commanding and enjoining them,
under a certain penalty in the said writ to be expressed, according
to the foregoing prayer of your orators.
May it also please your honors to grant unto your orators a writ
of subpoena, issuing out of and under the seal of this court, to be
directed to the said D. C, commanding him on a certain day and
under a certain penalty in the said writ to be inserted, personally to
be and appear before your honors in this honorable court, then and
there to answer the premises, and to stand to, abide by, and perform
SHch order and decree therein as to your honors shall seem meet, and
shall be agreeable to equity and good conscience.
C. P. C, of Counsel. J. & W. T.,
C. P. and B. R. C, By W. B., their Agent
Solicitors. and Attorney.
FORMS OF BILLS AND ANSWERS. 351
United States of America, }
District of Massachusetts, f
Personally appeared before me the above-named B. W., on this
second day of December, A. D. 1843, and made oath that this bill in
equity by him signed, in as far as it states matters within his knowl-
edge, is true to his knowledge, and in as far as it states matters
within his belief, is true to his best belief.
W. W. S., Commissioner, etc.
Interrogatories to be answered by D. C. :
1. Whether or not have you manufactured and sold, in Massachu-
setts or elsewhere, thread put upon black spools, on one end of each
of which spools is pasted, or otherwise fastened, a circular paper
label partly gilt, on which is printed in a circle the words "Taylor's
Persian Thread," and in the center thereof the number of the thread,
and on the other end of each of said spools is pasted or otherwise fast-
ened a circular white paper label, on which is printed in a circle the
words "J. & W. Taylor, Leicester," and across the same label
"200 yds.," and in the center of the same label there is impressed
the figure or symbol of a lion rampant?
2. Whether or not you have manufactured and sold, in Massachu-
setts or elsewhere, thread put upon red spools, corresponding in all
respects to the black spools described in the preceding interrogator^',
except in the color of the spool and in the quantity of thread thereon;
and in the letters and figures "300 yds." printed across the said
white paper label?
3. What number of each kind of the said spools of thread have
you manufactured and sold? State the same accurately, and distin-
guish the kind and number of the thread, and the number of black
spools and the number of red spools so sold bj' you since you
commenced selling the same, and the times when and the places where
the same have been sold.
4. What have been the profits made or realized by j'ou on the man-
ufacture and sale of thread put upon spools colored, decorated and
fitted up in the manner described in the first and second interrog-
atories?
5. To whom and what persons in particular have you .sold the said
thread put up in the manner described in the first and second inter-
rogatories?
6. Who is, and who has been, j'our agent in Boston for the sale of
your thread put upon spools fitted up in the manner described in the
first and second interrogatories?
7. Whether or not did you admit in an answer signed, sworn to and
filed by you in the court of chancery in and for the state of New
York, to a bill of complaint therein pending wherein the said J. T.
and W. T. are comphiinants, and yourself is defendant, that you
have engaged in the manufacture of sewing cotton thread, which you
have caused to be put up for sale on spools similar to those used by
the complainants, and so colored, stamped and labeled as to resemble
352 APPENDIX H.
exactly or as nearly as the same could be done, the said spools used
by the complainants, and the said spool sewing cotton, which has
been prepared and sold by you, is an exact imitation of the same
article which the complainants had been selling in the United States
many j'ears before you commenced manufacturing j'our thread?
8. Whether or not have you manufactured and sold in Massachu-
setts sewing cotton thread upon black spools and upon red spools, on
one end of each of which is fastened a circular paper label, described
as in interrogatory numbered 1, and on the other end is fastened a
circular paper label on which is stamped a coat-of-arras, the shield
whereof contains a lion rampant, and over the same three balls, with
the motto under the shield, "In Deo Confido, " and around said
shield is printed in some of said labels, "J. & W. Taylor, Leicester,"
and in others, "J. & W. Taylor," with the number of yards on said
spools?
9. Whether or not have you put up and sold your sewing cotton
thread, colored, stamped and labeled in all or some of the modes
described in this bill in envelopes or wrappers, some bearing in
raised letters the inscription, "The Persian Thread, made by
J. & W. Taylor, labeled on top of each spool Taylor's Persian Thread
and on the bottom J. & W. Taylor, Leicester. The above is for the
protection of buyers against certain piratical articles of inferior
quality, fraudulently labeled with the name of Taylor," and others
bearing a coat-of-arms, the upper division of which is in gilt, and
has three red balls thereon, and the lower division is red, and has a