110 F. 955 | U.S. Circuit Court for the District of Connecticut | 1901
This is a motion for a preliminasy injunction. Some of the historical facts in this case also existed in R. W. Rogers Co. v. Wm. Rogers Mfg. Co., and were stated in 17 C. C. A. 576, 70 Fed. 1017, as follows: “About, forty years ago, three brothers, by the name of Rogers, composed a firm in Connecticut under the style of 'Rogers Bros.' This firm first applied the art-of electro.-plating to the manufacture of silver-plated ware in this country, and acquired by steadfast integrity a high reputation for the •sterling quality of their ware, and the name of 'Rogers Bros.’ stamped upon the báck of the goods also obtained a widely extended reputation.” A corporation called the “Wm. Rogers Manufacturing Company” was “the successor of the business established in 1865 by William Rogers, one of these brothers, and was after 1872 enga
It can hardly.be denied that the defendant has no right to the use of.“Rogers Bros.” or of “1847, Rogers Bros.,” or of “[Anchor] Rog
The bill is for the restraint or prevention of the infringement of trade-marks, and of unfair competition in trade in connection therewith, and asks for a preliminary as well as permanent injunction against the use upon silver-plated ware of the mark “Rogers Bros.,” whether alone or accompanied by a symbol or monogram, and against the use of a mark consisting of the word “Rogers,” either alone or preceded or followed by some symbol or monogram; in other words, the bill asks; for an injunction against the simulation of the complainant’s trade-marks upon silver ware, and asks for a like injunction against the use of the corporate name “Simeon L,. & George H. Rogers Co.” in connection with the business of manufacturing and selling silver-plated ware, upon the ground that the adoption of this corporate name was a fraudulent attempt to gain the benefit of the manufacturing reputation of the corporations known as the original “Rogers” companies. There is no adequate reason why a preliminary injunction should not issue as prayed for against the simulation of the coniplainant’s marks upon silverware, especially against the use of the marks heretofore used; and the simulation is sufficiently complete when “Rogers Bros.” or “Rogers” is plainly presented, either alone or accompanied by some symbol or emblem or hieroglyphical device.
A preliminary injunction'against the use of .the defendants’ corporate name remains to be considered. The charge is that the individual defendants conspired to create a corporation which should have a pretended color of right to use the name “Rogers” for the purpose of deceiving the public into the belief that the promoters of the corporation were the manufacturing successors of the original Rogers Bros., and thus to create, by means of the deception, an unfair and tricky competition in trade with the complainant. The history of the corporation, -which the individual defendants, with the exception of Watrous, formed, is relied upon to support the charge. Watrous is not a stockholder in the defendant corporation. He is its adviser, and its advocate before the public. The circular of March 19, 1901, which offered to the public “real Rogers goods,” was signed “The Simeon T. and George H. Rogers Co., by W. H. Watrous”; but, as he is not pecuniarily interested in the new corporation, his
The defendant corporation has been careful to assert that it was not in the trust, and that it had no connection with any other- Rogers company or trade-marks. The two arguments which it has presented for the favor of the public have been that it was a Rogers company, and was not in the trust, and, so far as it has asserted that its goods were' not those of any other company, but were made by itself, its statements are worthy of commendation. If this case was at final hearing upon precisely the same evidence-that is now presented, the history of the corporation would strongly tend to the conclusion that its name had been selected unnecessarily for the purpose of unfair competition, but I am unwilling, by a preliminary injunction, to forthwith restrain the corporation from airy use of its corporate name, to which it may be considered to have had a color of right by reason of the fact that Simeon R. Rogers was a workman in silver plate. I prefer that the question of an entire change of