New York Appellate Division Reports. Burt v. Smith, 84 App. Div. 47 (1903) The action is for malicious prosecution, in having brought and prosecuted an action in the United States Circuit Court for the purpose of enjoining the plaintiffs herein from using the initials of their firm name, B. & S., upon cough drops and the packages manufactured, put up and sold by them, on the ground that those letters were an infringement on the trade mark of this defendant, used in connection with cough drops manufactured, put up and sold by him, wherein he used the letters S.B., and to recover damages for such infringement.
New York Court of Appeals Reports. Burt v. Smith, New York (1905) This is an action for malicious prosecution brought under the following circumstances: In 1874 the defendant, William Smith, and his brother Andrew, as copartners, began to manufacture cough drops at the city of Pough-keepsie and used the letters "S.B." indicating "Smith Brothers," their firm name, as a trade mark, upon the drops and packages. In January, 1892, they procured the registration of a trade mark under the statutes of the United States, the essential feature of which, as stated in the application therefor, "consists of two bust portraits of male figures representing the Smith Brothers, the registrants." During the same year they obtained another certificate of registry, the essential feature of which "consists of the letters 'S.B.' "
New York Times; November 16, 1933; William W. Smith Dies at 83; Poughkeepsie Philanthropist and Confectioner Left $3,000,000.
Time magazine; September 24, 1934; Everyone knows Smith Brothers Cough Drops and the bearded brothers "Trade" and "Mark." And most Hudson River Valley dwellers know the Poughkeepsie restaurant in which the first batch of cough drops was brewed and which is still run as a sentimental gesture by "Trade's" descendants. James Smith moved from Canada to Poughkeepsie in 1847, set up a restaurant. Legend has it that a peddler came to the door one day with the recipe for some cough drops which James admired. At any rate he began brewing 5-pound lots of the drops in his restaurant kitchen, sending his beardless sons William (Trade) and Andrew (Mark) out to peddle them on Poughkeepsie streets. Slowly the fame of the cough drops spread up & down the valley. In time James died. William and Andrew, grown to hairy manhood, stamped their faces on cough drop cartons now spreading by thousands throughout the land. Profits on the cough drops have never been revealed, for Smith Brothers Cough Drops has remained a Smith family business. But a large plant at Poughkeepsie and another at Michigan City, Indiana can turn out 60 tons of drops per day and its yearly advertising bill runs into the hundreds of thousands. William's son Arthur, now over 70, is inactive president of the company, devoting most of his attention to the restaurant. Arthur's fortyish sons William and Robert run the business, live modestly in Poughkeepsie, detest publicity. Last week they were acutely embarrassed at the attention their tax sign had drawn. Poughkeepsie and Dutchess County are ardently Republican but not four miles up the river lives a great and neighborly Democrat by the name of Franklin Delano Roosevelt.
New York Times; May 7, 1936; Arthur G. Smith; Head of Cough Drop Manufacturing Company of Poughkeepsie.
Time magazine; March 31, 1947; When he went to New York on a business trip recently, William W. Smith II, the president of Smith Brothers Cough Drops, was refused a hotel room until he paid in advance. The reason was his scraggly beard, which made him look like a vagrant. Last week Smith's beard was in bushy bloom. So, after three embarrassing months (during which one man was mistaken for an escaped convict), were the beards of many males in Poughkeepsie, New York to go with them, womenfolk dragged out their grandmothers' dresses. With beards, bustles and a banquet, Poughkeepsie celebrated the 100th anniversary of the founding of the Smith Brothers. A Brewing Business. The firm was started by James Smith, a Scottish carpenter, who supposedly got a recipe for cough drops from a peddler. He began brewing 5-lb. batches in his kitchen, sent sons William and Andrew to hawk the drops. After James died, the bewhiskered sons put the drops in boxes, stamped their faces on the cartons, and moved into a factory on "Cough Drop Street." As sales increased, William ("Trade") and Andrew ("Mark") became so famed that bearded men all over the U.S. were greeted by one name or the other, according to the shape of their crop. Busy Trade, Easy Mark. Bachelor Mark became known as "Easy Mark," a soft touch for a loan. Trade also handed out plenty—for hospitals, churches, parks, etc., blithely putting Mark down for half of each donation but always getting just his name on the cornerstones. Trade was the penny-watcher. Except for his habit of taking the waitresses from their plant restaurant for a daily ride in his surrey (later a Fiat), he ran everything with Scottish austerity. As a result of his insistence that all paper work be done on the backs of old envelopes, Smith Brothers kept no records for 65 years. Trade's pet project was the Prohibition Party, under whose banner he once ran for mayor. He was soundly beaten by a local brewer. Pillar & Post. Trade's grandsons, President William and Vice President Robert, are a modem counterpart of the original brothers. Hard-working William, a churchgoer and Shakespeare-reader, once kept his Rolls-Royce in his garage until July so that he would have to pay only half price for a license. Easygoing Robert, 57, plays gin rummy every afternoon, turned down a minister last week who promised to grow a beard if Robert would come to Sunday service. They run the business themselves with little top help from outside, gross an estimated $4,500,000 a year. Only they know the secret drop formula. Twice a year William retires behind locked doors, mixes a large batch of concentrate, enough for six months' production. Robert says only that it contains some charcoal "to sweeten the stomach" and some licorice "to soothe the throat."
Time magazine; March 14, 1955; Died. William W. Smith II, 67, president of Smith Brothers Cough Drops, great-grandson of Company Founder (in 1847) James Smith, and grandson of William Smith, whose familiar, luxuriantly bearded face still appears with that of brother Andrew on the company's 5¢ pocket package; of a heart attack; in Poughkeepsie, New York.
New York Times; April 17, 1958; W. W. Smith 2d Left Million.
New York Times; January 9, 1962; Poughkeepsie, New York, January 8, 1962. Robert Smith, Led Cough Drop Firm; Chairman Of Board Of Smith Brothers, Inc., Dies At 71 Family Owned Restaurant. Robert Lansing Smith, chairman of the board of Smith Brothers, Inc., the cough drop manufacturing concern here, died yesterday in Vassar Brothers Hospital after suffering a heart attack Friday. He was 71 years old and lived here.
Washington Post; February 13, 1964; Poughkeepsie, New York (United Press International) Smith Brothers Inc., world famous cough drop manufacturers, has announced it will become part of the American Chicle division of Warner-Lambert Pharmaceutical Family of Morris Plains, New Jersey. The merger, through an exchange of stock, will become effective Feb. 29.
Time magazine; February 21, 1964; Two of the world's most famous beards are about to get a sprucing up, and the Smith Brothers can stand it. Though the cough-drop business prospered under the founder's bearded sons, William ("Trade") and Andrew ("Mark"), Smith Brothers in recent years has lagged far behind such aggressive drops as Vicks and Luden's. In business for 117 years, the firm operated out of a half-century-old factory in Poughkeepsie, N.Y., never spent much on advertising, only recently tested TV for the first time and has stuck tenaciously to its one product. Though the firm name is almost synonymous with cough drops, Smith Brothers has watched its sales slump to $3,500,000 a year. Last week, by arrangement with trust funds that own the Smith Brothers stock, the small firm was merged into huge Warner-Lambert Pharmaceutical Co. (1963 sales: $300 million), joining such recent Warner-Lambert acquisitions as DuBarry cosmetics and West Indies Bay toiletries. Warner-Lambert President Alfred E. Driscoll, two-term (1947-54) Governor of New Jersey, plans to move Smith's cough-drop marketing into his American Chicle division, which turns out Chiclets, Dentyne and Rolaids. Chicle's crack 500-man sales force is likely to give competitors a few sore throats. Driscoll is also considering adding other products to the Smith name, but has no intention of tampering with the secret formula for the cough drops. It is known only to the late William Smith's stepson, now vice president in charge of product development, who each six months mixes a new batch of the formula in solitude.
New York Times; January 13, 1975; ' Trade' and 'Mark' Leaving the State. Poughkeepsie, New York, January 12, 1972. They call them "Trade" and "Mark," routinely and with some affection, around the Smith Brothers cough-drop factory here.
New York Times; May 31, 1984; Arthur H. Motley, a onetime Fuller brush salesman who became president and publisher of the fledgling Parade Magazine and turned it into one of the most profitable Sunday supplements in newspaper history, died yesterday in Palm Springs, Calif. Mr. Motley, who retired in 1978, was 83 years old and ... He got a job with the Smith Brothers Company, the cough-drop manufacturer. For five years he ran a medicine show, whistlestopping from town to town, ...
New York Times; August 20, 1989; Trade's Grandson's Estate; 59 Houses. A 45-acre section of an estate once in the family of the Smith brothers of cough-drop fame is being developed into 59 three-bedroom houses in Poughkeepsie, New York. Named Coachlight Estates, the project is two miles north of central Poughkeepsie on a property once owned by William W. Smith 2d, the grandson of William Wallace Smith. William Wallace and his brother Andrew founded the lozenge empire in 1847. Their bearded faces - shown on their boxes and facetiously known as ''Trade'' (that was William, on the left) and ''Mark'' (Andrew) - became one of the country's most famous commercial symbols. The brothers themselves were for many years the best-known residents of the Hudson Valley city. Andrew died in 1894, William Wallace in 1913 and his grandson in 1955.
New York Times; October 1, 1989; Morris Fox, Pharmacist, 102. Morris N. Fox, founder of the company that makes Smith Brothers cough drops, died Wednesday. He was 102 years old. Morris N. Fox, founder of the company that makes Smith Brothers cough drops, died Wednesday. He was 102 years old. Mr. Fox came to Omaha with his family from Russia in 1908. In 1912, he graduated from the Creighton University College of Pharmacy and opened a pharmacy in Omaha. He founded the F&F Laboratories in 1928, going into full-time manufacturing of F&F cough drops in 1933. He moved the company to Chicago in 1936. F&F Laboratories still makes F&F cough drops, and today also manufactures the Smith Brothers brand.