International Silver Co. v. Roger Chromeware, Inc.

BRUCHHAUSEN, District Judge.

The plaintiff moves for a preliminary injunction restraining the defendants from using the name “Roger” allegedly infringing plaintiff’s mark Rogers.

It appears that the following inscription was stamped on the backs of defendants articles:

“ROGER CHROMEWARE INC BY SIL-VARWARE CO.”

No principal or employee of the defendants was born with the name “Roger”. The individual defendants derived the name by combining some of the letters of their names.

The plaintiff claims that the use of the mark “Roger” by the defendants will tend to confuse the public in believing that the…