William Rogers Manuf'g Co. v. R. W. Rogers Co.
U.S. Circuit Court for the District of Southern New York
This was a suit by the William Rogers Manufacturing Company against the R. W. Rogers Company, Frederick F. Spyer, Robert W. Rogers, William A. Jameson, and Samuel J. Moore, to enjoin the infringement of complainant’s trade-mark. Complainant moved for a preliminary injunction on the bill and affidavits showing the following facts: William Rogers, for a long time prior to 1865, was engaged in the manufacture of silver-plated ware.
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This was a suit by the William Rogers Manufacturing Company against the R. W. Rogers Company, Frederick F. Spyer, Robert W. Rogers, William A. Jameson, and Samuel J. Moore, to enjoin the infringement of complainant’s trade-mark. Complainant moved for a preliminary injunction on the bill and affidavits showing the following facts: William Rogers, for a long time prior to 1865, was engaged in the manufacture of silver-plated ware. In 1865 he associated himself with others in a copartnership under the name of the William Rogers Manufacturing Company, and in 1872 a corporation under the same name…
1Opinion of the Court
LACOMBE, Circuit Judge.
This case seems closely analogous to William Rogers Manuf'g Co. v. Rogers & Spurr Manuf'g Co., 11 Fed. 495, and not within the principle of William Rogers Manuf'g Co. v. Simpson, 54 Conn. 527, 9 Atl. 395. Although the use of a personal name as a trade-mark will not he protected against its use in good faith by a defendant who has the same name, the reason of the rule ceases, and the rule no longer applies, where the defendant, as in the case of a corporation, selects its own name; especially where it appears that such name is selected with an intention to mislead. The…
2Cases cited2 opinions
- William Rogers Manuf'g Co. v. Rogers & Spurr Manuf'g Co.District Court, D. Massachusetts · 1882
- William Rogers Manufacturing Co. v. Simpson, Hall, Miller & Co.Supreme Court of Connecticut · 1887
3Cited by6 opinions
- R. W. Rogers Co. v. Wm. Rogers Manuf'g Co.Court of Appeals for the Second Circuit · 1895
- Bissell Chilled Plow Works v. T. M. Bissell Plow Co.U.S. Circuit Court for the District of Western Michigan · 1902
- De Nobili Cigar Co. v. Nobile Cigar Co.Court of Appeals for the First Circuit · 1932
- American Trading Co. v. H. E. Heacock Co.Supreme Court of the United States · 1932
- Bates Mfg. Co. v. Bates Numbering Mach. Co.U.S. Circuit Court for the District of New Jersey · 1909
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