Wm. Rogers Mfg. Co. Win a Suit Against the Rockford Silver Plate Co.
Chicago, Ill., May 3 . — April 9th, the Wm. Rogers Mfg. Co., Hartford, Conn., filed a bill of complaint in the United States Circuit Court for the Northern District of Illinois against the Rockford Silver Plate Co., charging infringement of trade mark and praying for a permanent injunction. The bill was supported by a number of affidavits, chief among which were those of William H. Watrous, president and manager of the Wm. Rogers Mfg. Co., and George D. Munson, traveler for this company.
Mr. Watrous states the Rockford company have long been in the habit and still are, of stamping their better goods with a trademark of which their name is a part, and use upon a certain inferior grade of their flat ware the word “ Rogers.” There is a piano tuner in Rockford by the name of Chas. G. Rogers, and various wares have been stamped “Chas. Rogers” and “ Charles Rogers,” to the detriment of plaintiffs. Mr. Watrous claims, also, that the goods thus stamped by the Rockford company are of inferior quality and that the marks would cause the goods to be known as Rogers goods, and enable unscrupulous and careless dealers to palm off the goods to purchasers desiring to obtain goods made by the plaintiffs. Mr. Munson’s affidavit is lengthy and relates to his knowledge of the infringement and details of trademarks, labels and markings.
The bill of complaint details the origin of the Wm. Rogers Mfg. Co. and their trademarks and the quality of goods. The use of the word “ Rogers ” by the defendants, it is claimed, was for the sole purpose of availing themselves of the benefit of the high reputation of plaintiffs’ wares.
The court in its decision finds the material allegations in the bill of complaint true; that the defendants have unlawfully and without any right been infringing on the rights of complainants, and that complainants are entitled to the perpetual injunction prayed for and to payment of damages. The court, therefore, to-day decreed that “The Rockford Silver Plate Co., C. B. Bogue, O. G. Meacham and Charles Rogers, their officers, agents, attorneys, servants and workmen, be and they hereby are perpetually enjoined and restrained from making, or causing to be made, or marking, or selling, or in any manner disposing of any silver-plated ware, knives, spoons, forks, or any other silver-plated ware, either hollow or flat, stamped with the marks or names ‘ Chas. Rogers’ or ‘ Charles Rogers ’ or any other mark containing the word ‘ Rogers,’ and from using any such stamp, mark, or name upon or in connection with silver-plated tableware.”
The defendants are ordered to pay the sum of $250 damages and costs of suit.
Source: The Jewelers' Circular and Horological Review - 8th May 1895