While manufacturing the pills in Buffalo, Moore had been packaging them under a yellow label bearing a pictorial representation of the British coat-of-arms, flanked on one side by an Indian and on the other by a figure probably supposed to represent a merchant or a sea captain. The labels also described Moore as the proprietor, "without whose signature none can be genuine." And after the formation of A.J. White & Co. and the purported transfer of Dr. Morse's pills to it, Moore still continued to sell the same medicine and to denounce the White-Comstock product as spurious. The latter was packaged under a white label showing an Indian warrior riding horseback and was signed "A.J. White & Co." While the color was shortly changed to blue and the name of the proprietor several times amended through the ensuing vicissitudes, the label otherwise remained substantially unchanged for as long as the pills continued to be manufactured, or for over 100 years.
The nuisance of Moore's independent manufacture of the pills was temporarily eliminated when, on June 21, 1858, Moore was hired by A.J. White & Co.
and abandoned competition with them. The Comstocks, in employing him, insisted upon a formal, written agreement whereunder Moore agreed to discontinue any manufacture or sale of the pills and to assign all rights and title therein, together with any related engravings, cuts, or designs, to A.J. White & Co. As previously stated, the two Comstock brothers, Judson, and White had offered either to sell the Indian Root Pill business in its entirety to Moore, or to buy it from him. Moore's employment by A.J. White & Co. presumably followed his election not to purchase and operate the business himself.
So far so good. The Comstocks' claim to the Indian Root Pills through the 75 percent controlled A.J. White & Co. now seemed absolutely secure and the disparagement of their products at an end. But new dissension must have occurred, for on New Year's Day of 1859, without prior notice, Moore and White absented themselves from the Comstock office, taking with them as many of the books, accounts, records, and other assets of A.J. White & Co. as they could carry. Forthwith they established a business of their own, also under the name of A.J. White & Co., at 10 Courtlandt Street, where they resumed the manufacture and distribution of Dr. Morse's Indian Root Pills, under a close facsimile of the label already being used by the A.J. White-Comstock firm.
These events left the Comstocks in an embarrassing position. For over three years they had been promoting the A.J. White trade name, but now they could hardly keep a competitor from operating under his own name. Their official attitude was that the old firm of A.J. White & Co. was still in existence and controlled by the Comstocks. But shortly they conceded this point tacitly when they introduced new labels for the Indian Root Pills, under the name and signature of B. Lake Judson, and advised that any accounts or correspondence with A.J. White & Co. still outstanding should be directed to the new firm of Judson.
Obviously, this state of affairs was extremely confusing to all of the customers. Judson traveled widely through the Canadian maritime provinces and prevailed upon many merchants to disavow orders previously given to the new A.J. White firm at 10 Courtlandt Street. On April 28, 1859, White and Moore, for their part, appointed one James Blakely of Napanee, Canada West, to represent them in the territory between Kingston and Hamilton "including all the back settlements," where he should engage in the collection of all notes and receipts for the Indian Root Pills and distribute new supplies to the merchants. On all collections he was to receive 25 percent; new medicines were to be given out without charge except for freight. In his letter accepting the appointment, Blakely advised that:
I think the pills should be entered here so as to avoid part of the enormous duty. 30% is too much to pay. I think there might be an understanding so that it might be done with safety. Goods coming to me should come by Oswego and from thence by Steamer to Millport. By this route they would save the delay they would be subject to coming by Kingston and avoid the scrutiny they would give them there at the customhouse.
| FIGURE 9.—"To
Purchasers of Dr. Morse's Indian Root Pills"—a warning by James Blakely, Canadian agent for A.J. White, against the "counterfeit" pills manufactured by the Comstock firm. |
The great bulk of the notes and accounts which were assigned to Blakely for collection were undoubtedly accounts originally established with the old A.J. White & Co. and therefore in dispute with the Comstocks. But in any case, Blakely went vigorously up and down his territory, frequently crossing the paths of agents of the Comstocks, pushing the pills and attempting to collect outstanding bills owed to A.J. White & Co. by persuasion and threats. On July 2, 1860, he wrote that: