Rogers v. Wm. Rogers Manuf'g Co.
Court of Appeals for the Second Circuit
Appeal by the defendant from an order of the circuit court for the Eastern district of New York, which granted an injunction pendente lite against the defendant’s causing to be manufactured or selling silver-plated ware stamped with the words “Wm. A. Rogers.”
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Appeal by the defendant from an order of the circuit court for the Eastern district of New York, which granted an injunction pendente lite against the defendant’s causing to be manufactured or selling silver-plated ware stamped with the words “Wm. A. Rogers.” The order was obtained upon the ground that by the use of this stamp upon the back of silver-plated ware the defendant was endeavoring to deceive the public, into the belief that the goods were genuine Rogers goods, to the injury of the complainant. The history of the trade-name “Rogers,” and the law upon the subject, have been briefly…
1Opinion of the Court
SHIPMAN, Circuit Judge.
William A. Rogers has sold for a number of years, in the city of New York, small hardware and cheap spoons. In July, 1894, he engaged R. Wallace & Sons Manufacturing Company, a manufacturer of silver-plated ware, to make for him and prepare for market teaspoons, tablespoons, and forks plated uiioii steel. . They were put up in boxes of the ordinary size and shape used for similar ware, which were labeled, “Wm. A. Rogers, N. Y.,” and the stamp “Wm. A. Rogers” was upon the hack of each *1020article. They were called “Brunswick,” and were the cheapest known grade of…
2Cited by14 opinions
- American Trading Co. v. H. E. Heacock Co.Supreme Court of the United States · 1932
- Andrew Jergens Co. v. Bonded Products CorporationDistrict Court, E.D. New York · 1926
- Wm. Rogers Mfg. Co. v. RogersU.S. Circuit Court for the District of Eastern New York · 1898
- International Silver Co. v. Oneida Community, Ltd.Court of Appeals for the Second Circuit · 1934
- Baker v. BakerCourt of Appeals for the Second Circuit · 1902
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