Niagara Silver Co. - New York

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Niagara Silver Co. - New York - 1898

Financial problems at the Pairpoint Mfg. Co. enabled the Niagara Silver Co. to purchase Pairpoint's flatware department in 1900. At sometime prior to 1904, the Niagara Silver Co. were taken over by Wm. A. Rogers Ltd. who in turn became part of Oneida Silversmiths in 1929.


Niagara Silver Co. - New York - 1898

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The Niagara Silver Co. cropped up this Rogers V. Rogers court case in 1895


It. W. ROGERS CO. et al. v. WM. ROGERS MANUF'G CO.

(Circuit Court of Appeals, Second Circuit. December 17, 1895.)

Trade-name–Injunction Against Use.

A corporation which, by arrangement with one "R. W. R.", takes his name and stamps it upon articles sold by it. with the purpose of inducing the public to think that in purchasing such articles they are purchasing the product of another "R" company of established reputation, will be restrained from using such stamp.

Appeal from the Circuit Court of the United States for the Southern District of New York.

Chas. H. Duell, for appellants.

Chas. E. Mitchell, John W. Ailing, and Hiram R. Mills, for appellee.

Before WALLACE and SHIPMAN, Circuit Judges.

SHIPMAN, Circuit Judge. This is an appeal from an order of the circuit court for the Southern district of New York, which enjoined, pendente lite, the defendant corporation from the sale of silver-plated tableware stamped with the mark, "R. W. Rogers Co.," upon the ground that the defendant had selected the name of Rogers as a part of its corporate name for the purpose of misleading the public. 66 Fed. 56. About 40 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 electroplating 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 back of the goods also obtained a widely extended reputation. The complainant, a corporation called the Wm. Rogers Manufacturing Company, is the successor of the business established in 1865 by William Rogers, one of these brothers, and has been since 1872 engaged in manufacturing and selling silverplated ware, and has continued the trademarks upon such goods which its predecessor adopted in 1866, viz. "I865, Wm. Rogers Mfg. Co.," and "Wm. Rogers & Son."' It has also used since 1887 the following mark: (Anchor) Rogers (Anchor). Two other corporations acquired from one or more of these brothers the right to use the name Rogers also, and for a number of years last past the goods of these corporations, called in the speech of the public Rogers goods, have maintained a high character and a well-known reputation. In1870 or 1880 a corporation called the Rogers Silver-Plate Company was formed in New York City by Robert R. Rogers, one Brown, and one Boardnian. Rogers had been a salesman of silver-plated ware, but was not a manufacturer. The corporation was formed so that an Albany manufacturer by the name of Strickland, and doing business as R. Strickland & Co., could use the name Rogers on his flat ware, and gain the advantage of the reputation which the name had in the market. For the use of his name Robert W. Rogers was given a fourth interest in the corporation. Some time thereafter Strickland and Rogers disagreed, and Rogers became a salesman of the goods made by the complainant. In the spring of 1894, H. H. Williamson, a salesman of James Dawson's silver-plated hollow ware, Robert W. Rogers, and Frederick F. Spyer, who had been selling flat and hollow silver-plated ware in Brooklyn for some years, and had been dealing mainly in cheap goods, formed a joint-stock company to sell silverplated goods. The company had no capital. The Curtis-Crume Company, of Niagara Falls, is a large corporation, which carries on the department of its business pertaining to the manufacture and sale of silver-plated ware under the name of the Niagara Silver Company. After negotiations with other manufacturers, Rogers succeeded in inducing Samuel J. Moore, the secretary of the Curtis-Crume Company, and William A. Jameson, the manager of the Niagara Silver Company, to form with the stockholders of the R W. Rogers Company a new corporation under the same name, and an arrangement was entered into between the Curtis-Crume Company and the R. W. Rogers Company by which the former manufactured silver-plated flat ware for the latter company, which ware bore the name of the said Rogers Company. Notwithstanding the generalities of the affidavits of Jameson and Moore, it is evident that the scheme was a reproduction of the old scheme, in which Rogers was engaged in 1880, by which he sold his name as a decoy, or permitted his name to be used for hire, to deceive the public.

There cannot be much controversy in regard to the aspect with which the law regards the state of facts disclosed in the affidavits. The fair and honest use of a person's own name in his ordinary and legitimate business, although to the detriment of another, will not be interfered with. A tricky, dishonest, and fraudulent use of a man's own name, for the purpose of deceiving the public, and of decoying it to a purchase of goods under a mistake or misapprehension of facts, will be prevented. Every case under this branch of the law of trademarks turns upon the question of false representation or fraud. In this case Rogers helped to establish a corporation which took his name for the purpose of inducing the public to think that they were buying the well-known Rogers goods, and for the purpose of surreptitiously obtaining the advantage of the good reputation which other manufacturers had given to articles stamped with that name. The use by the defendant corporation of this name is not merely an injury to the complainant, but it is an intentional fraud upon the public. The difference in the result with which a court of equity follows an honest and a dishonest use of one's own name, although each use injured the person who had honestly acquired a use of the name as a trade-name, is shown in the valuable cases of William Rogers Manuf'g Co. v. Rogers & Spurr Manuf'g Co., 11 Fed. 498, and Same v. Simpson, 54 Conn. 527, 9 Atl. 395, where, as well as in Rogers v. Rogers, 53 Conn. 121, 1 Atl. 807, and 5 Atl. 675, a large number of the reported cases upon this portion of the law of trademarks are collected.

The order of the circuit court is sustained, with costs of this court.

WALLACE, Circuit Judge. I place my concurrence in the judgment in this cause upon the broad ground that a body of associates who organize a corporation for manufacturing and selling a particular product are not lawfully entitled to employ as their corporate name in that business the name of one of their number when it appears that such name has been intentionally selected in order to compete with an established concern of the same name, engaged in similar business, and divert the latter's trade to themselves by confusing the identity of the products of both; and leading purchasers to buy those of one for those of the other. No person is permitted to use his own in such manner as to inflict an unnecessary injury upon another. The corporators chose the name unnecessarily, and, having done so for the purpose of unfair competition, cannot be permitted to use it to the injury of the complainant.

Source: The Federal reporter: cases argued and determined in the circuit and district courts of the United States, Volumes 69-70 - 1895

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Detail of the stike that occured at the Niagara Silver Co. in 1899.

SILVER PLATERS. Early in June the Board was called to Niagara Falls to adjust a strike at the works of the Niagara Silver Company. All attempts to effect a settlement of the difficulty failed, and the Board decided to hold a public investigation. At the conclusion of this the following decision was rendered:

" STATE BOARD OF MEDIATION AND ARBITRATION. In the matter of the strike of the employees of the Niagara Silver Company, a corporation engaged in the manufacture of silverware at Niagara Falls, N. Y.

The State Board of Mediation and Arbitration, as the result of a public investigation, held at the Harvey House, Niagara Falls, N. Y., on June 13, 1899, and of the inquiries of and interviews with the parties concerned, find as follows:

First. That a strike began on June 6, 1899, which was participated in by about 100 employees of the company, who were members of local union No. 115, known as " The Metal Polishers, Buffers, Platers and Brassworkers' International Union of North America, Local No. 115."

Second. That prior to April 20, 1899, there had been no branch of the above-named union in the works of the Niagara Silver Company, and that the local union was organized about that time.

Third. That on the 19th day of May, 1899, W. A. Jameson, the manager of the company, appeared before the members of the union, in his employ, and advised them against membership in the local union. That on the 20th of May each employee received from the foreman a letter, of which the following is a copy:

' Niagara Silver Co., Branch Of The Carter-crume Company, Niagara Falls, N. Y., May 20, 1899. Dear Sir.–Kindly date and sign one or the other of the letters handed you herewith, enclosing it in sealed envelope, and either hand it in at check window Monday morning or send it through the mail so it will reach me at that time.

Yours truly, W. A. JAMESON.' With this letter were enclosed two letters as follows:

' Niagara Falls, N. Y., May , 1899. W. A. Jameson, Manager Niagara Silver Company, City:

Dear Sir.–I have decided to withdraw from the Metal Polishers, Buffers, Platers and Brassworkers' International Union of North America, and will do so forthwith and not again become a member while in the employ of this company.

Signed '

' Niagara Falls, N. Y., May , 1899. W. A. Jameson, Manager Niagara Silver Company, City:

Dear Sir.–I have decided not to withdraw from the Metal Polishers, Buffers, Platers and Brassworkers' International Union of North America, and will seek employment elsewhere at the earliest opportunity.

Signed '

Fourth. Subsequently on the 22d of May a committee from the union called upon W. A. Jameson, the manager of the company, to inform him that the members of the union had decided not to make reply to the letter which they had received and to ask him for a definite statement as to his attitude toward the union. The testimony as to the reply of Mr. Jameson to this request is conflicting, the committee claiming that Mr. Jameson said " that no man could remain in the company's employ for any length of time and continue his membership in the union," while Mr. Jameson denies this statement.

Fifth. That subsequently on the same day George Furniss, the president of the union and chairman of the committee that waited upon Mr. Jameson, was discharged from the employ of the company.

Sixth. That on the 6th day of June, 1899, the members of Local Union No. 115, to the number of about 100 employees, quit work and went out on strike. That on Thursday, the 8th day of June, Commissioner W. H. H. Webster called upon Mr. Jameson for the purpose of offering the services of the Board in adjusting the difficulty. That Mr. Jameson refused at that interview to receive a committee of the union, accompanied by the members of the Board, on the ground that he wanted no outside interference with the business of the company.

Seventh. That prior to the appearance of the Board, upon the complaint of members of the union, warrants had been issued for the arrest of W. A. Jameson, manager, and S. B. Whistler, superintendent of the factory, for a violation of section 171-a of the Penal Code, which charge was based upon the letters referred to. That as a result of a preliminary examination in police court, the defendants were held for the grand jury.

Eighth. The testimony shows that the real cause of the strike was the fear on the part of the men that their connection with the union would ultimately lead to their dismissal from the employ of the company. This fear on their part would seem to be justified by the letter which they had received.

Ninth. That on the 12th day of June, and again at the close of this investigation, the employees offered to submit all differences to arbitrators and abide by their decision, but Mr. Jameson, the manager, stated that he had no power to act on behalf of the company in that matter.

In view of the findings as above set forth, from which it appears that the sole cause of the disagreement is the membership of a part of the employees of the company in the union and owing to the impossibility thus far of inducing both parties to submit the matters of difference to arbitration, this Board does hereby advise and recommend.

First. That the Niagara Silver Company withdraw the letters handed to the union workmen in their employ on May 20, 1899.

Second. That all who are employed in the works of the Niagara Silver Company on the 5th day of June, 1899, and have since gone out on strike and who now desire to be re-employed, shall make application for employment.

Third. That all employees who shall make application shall be re-employed in the same positions and under the same conditions that existed prior to June 6,1899, and that there be no discrimination on the part of the company against any employee because of his connection with the existing strike.

Fourth. That on the fulfillment of these conditions the strike be declared off.

Dated June 14, 1899.

Respectfully submitted,

W. H. H. WEBSTER, JAMES M. GILBERT, Commissioners.

T. A. Braniff,

Secretary."

The decision was accepted by the company in the following communication, to which the employees agreed, and the strike was declared off:

" Niagara Falls, June 16, 1899. To the State Board of Mediation and Arbitration:

Gentlemen–The Niagara Silver Company is prepared to accept the recommendations of your Board with reference to a settlement of the strike of the former employees of the company, including also the re-employment in his former position of any employee of the company who was such on May 20, 1899, provided that the men now in the employ of the company shall in no wise be interfered with by those who may be re-employed, and provided also that the re-employment shall commence on Monday, June 19,1899.

NIAGARA SILVER CO. (By W. A. Jameson.) Accepted on behalf of former employees:

A. C. BAGLEY. FRED. WINKER. ALLEN HAYES. Witness: State Board of Mediation and Arbitration, by James M. Gilbert and W. H. H. Webster, Commissioners; T. A. Braniff, Secretary."

Source: Annual report of the Board of Mediation and Arbitration of the State of New York, Issue 13 - 1900


Snippet taken from 'The Jeweler's Review' of 14th June 1899, reporting the strike.



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Niagara Silver Co. - New York - 1897

'R.S. Mfg. Co.'

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A photograph of the William A. Rogers factory taken in 1904, at this time nearly 500 workers were employed at the Niagara Falls plant.



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NIAGARA SILVER COMPANY, Niagara Falls, N. Y., who recently established a New York headquarters at 88 Chambers street, have in quite an artistic manner covered their front show window with recessed gilt letters shaded with black, in a way that will undoubtedly arrest the attention of the observant pedestrian. All the letters are gold in color except the word silver, which, together with the figure of a tablespoon, is in silver color, contrasting in a marked way with the remaining gold letters, and tersely conveying the impression instantaneously that the production of Silver Flat Ware is a predominating feature of their business.

Source: The Iron Age - 27th September 1894

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Silver Plated Ware Manufacturer Charged with Intimidating His Workmen

Niagara Falls. N.Y., May 30.—Yesterday afternoon, at 2.30 o'clock. W. A. Jameson, manager of the Niagara Silver Works, of this city, was arraigned before Police Justice McKinney on a charge of intimidating the men in his employ in connection with their desire to join a labor union. The information was laid by George Furniss, a man whom Mr. Jameson discharged last week, Monday. The warrants under which Mr. Jameson was arrested were sworn out by John Coleman, of Buffalo, business agent of the United Trades and Labor Council. Morris Cohn represented Mr. Jameson, while attorney Fred J. Brown represented the local union. Attorney Cohn said Mr. Jameson would enter a plea of not guilty. He then asked that the hearing be deterred until such time as the District Attorney could be present. Justice McKinney decided to have the examination.

Attorney Brown, representing the men, said they did not care to be bound by the opinion of the District Attorney, and asked that the case go on.

Mr. Jameson was held in $200 bail for the Grand Jury, the prosecution holding that the letters he sent to employes were in the nature of contracts.

Source: The Jewelers' Circular and Horological Review - 7th June 1899

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NEW PATENT GRANTED - 1899

Niagara Silver Company:



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Dispute At The Niagara Falls Works.—The difficulty between the management and the employees of the Niagara Silver Company at Niagara Falls has reached a more acute stage. A few weeks ago the employees of the company joined the Metal Polishers', Buffers', Platers' and Brass Workers' International Union of North America. The management of the company, on learning of this step, sent to each of the employees a letter, enclosing two blank forms for the men to sign. One of them was a declaration of withdrawal from the Union, and the other set forth the decision of the employee to remain a member of the Union and also his intention of seeking employment elsewhere at the earliest opportunity, thus leaving it optional with the men to withdraw from the Union or be discharged.

Source: The Jewelers' Circular and Horological Review - 31st May 1899

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William A. Rogers, Limited

A consolidation of the business interests of William A. Rogers of New York City and the Niagara Silver Company of Niagara Falls has taken place under the firm name of William A. Rogers, Limited. Both firms have been engaged in the manufacture and selling of silver plated ware. The firm of William A. Rogers, Limited, has been incorporated under the Ontario Companies act with a capital stock of $1,350,000. The directors are Samuel J. Moore of Toronto, Ont.; A. E. Ames of A. E. Ames & Co., bankers, Toronto; Hon. W. Caryl Ely, president of the International Traction Company of Buffalo; Robert Kilgour, vice-president of the Canadian Bank of Commerce of Toronto; James L. Morrison, president of the Niagara Silver Company of Toronto; Hon. Charles H. Duell, Commissioner of Patents, Washington, D. C.; William A. Rogers of New York. The officers are S. J. Moore, Toronto, Ont., president; A. E. Ames of Toronto, vice-president; William A. Rogers, general manager.

A. E. Ames & Co. of Toronto, acting as representatives of William A. Rogers, Limited, have offered $290,000 of preference stock, 7 per cent. cumulative.

The relations of William A. Rogers of New York and the Niagara Silver Company have been of a most intimate character during the past three years, so much so that their amalgamation is a natural development. The Niagara Silver Company were started in Niagara Falls in 1893 and have grown steadily since their commencement. Last year a branch factory was established in New Bedford, Mass, in order to meet the increasing demand for the company’s goods.

The business now carried on by William A. Rogers was begun in 1890, but in 1895 he began the sale of silver plated ware and since that time has devoted himself entirely to the sale of that quality of goods. The firm of Clarkson & Cross have examined the books and accounts of William A. Rogers of New York and the Niagara Silver Company of Niagara Falls for the last three years, and certify that, after deducting all expenses, the annual profits were in 1898, $35,113.03; in 1899. $58,928.62; 1900, $79,352.20.

The firm of William A. Rogers, Limited, have been formed to carry on the business heretofore conducted by the two concerns. For the past three years the Niagara Silver Company have found it necessary to furnish Mr. Rogers with more than 75 per cent. of their total output. In a letter written by S. J. Moore to A. E. Ames & Co. that gentleman says that the continued growth of the business made it necessary to still further increase manufacturing facilities, and that it is proposed to add one or two other lines to those already manufactured and to increase the buildings and plants for this purpose.

Of the $600,000 of preference stock, $310,000 has been issued for the purpose of acquiring the property of the silver ware department of the Niagara Silver Company and the property of William A. Rogers. A sum approximating $100,000 in cash from proceeds of this issue, together with common stock in William A. Rogers, Limited, is necessary to complete this transaction. The company will have in manufactured goods, goods in process of manufacture and raw materials on hand upward of $200,000. It will also have upward of $150,000 in cash available for the further extension of the business.

Source: The Iron Age - 28th March 1901

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Toronto capitalists are largely interested in the Niagara Silver Co., Niagara Falls, N. Y., just incorporated for the manufacture of silver and silver plate with a capital of $600,000. The directors are James L. Morrison and Samuel J. Moore, of Toronto; W. A. Jamison, of Niagara; R. Lee and Wm. Caryl Ely, of Buffalo.

Source: The Jewelers' Circular and Horological Review - 11th October 1899

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Niagara Silver Co., Niagara Falls. N. Y., to deal in silver and plated ware, have incorporated. Capital, $600,000; incorporators: J. L. Morrison, S. J. Moore, of Toronto, Ont.: W. E. Crume, of Dayton; R. P. Lee. of Buffalo; W. A. Jameson, of Niagara Falls.

Source: The Jewelers' Circular and Horological Review - 11th October 1899

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Niagara Silver Co. - New York - 1894

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An attractive new paper cutter or letter opener is being introduced by the Niagara Silver Co., Niagara Falls, N. Y. It is made both in aluminum and in silver plate, and shows a pretty floral design on the handle. The reverse side of the cutter is arranged to contain the advertisement of the firm using the article for this purpose.

Source: The Jewelers' Circular and Horological Review - 26th June 1895

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Toronto capitalists are largely interested in the Niagara Silver Co., Niagara Falls, N. Y., just incorporated for the manufacture of silver and silver plate with a capital of $600,000. The directors are James L. Morrison and Samuel J. Moore, of Toronto; W. A. Jamison, of Niagara; R. Lee and Wm. Caryl Ely, of Buffalo.

Source: The Jewelers' Circular - 11th October 1899

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A number of Toronto capitalists are interested in the amalgamation now being arranged between the silver plated ware business of William A. Rogers, New York, and the Niagara Silver Co., Niagara Falls, N.Y. As their operations extend to this side of the line, a charter has been applied for under the Ontario Companies Act, the name under which incorporation is sought here being William A. Rogers, Limited. The directors of the new concern are likely to include A. E. Ames, Robert Kilgour and S. J. Moore, of Toronto. Mr. Moore has been the general manager of the Niagara Silver Co. for several years and will probably be the president of the new company, Mr. Rogers being general manager. The amalgamation arrangements provide for introduction of considerable additional capital, which will be employed in extending the lines of manufacture.

Source: The Jewelers' Circular - 20th March 1901

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Niagara Silver Co. - New York - 1897

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The Niagara Silver Company, Niagara Falls, N.Y., have issued a handy illustrated pamphlet showing specimens of their flatware patterns, the "Vernon," "Tipped," 'Katahdid," "Tacoma" and a number of children's sets and souvenir spoons.

Source: The Jewelers' Weekly 20th March 1895

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An Essay on Spoons

Spoons are of many kinds, degrees and sizes. There is the mustard spoon and sugar spoon, teaspoon, soupspoon and the spoon sometimes indulged in by young men and young women. As a general thing the hotter the substance for which it is intended, the smaller the spoon, as, for instance, the mustard spoon, or pepper spoon, and vice versa. On this principle the ice cream spoon should be the biggest of its kind (except that above referred to. engaged in by young men and women). Of course, there is a limit to the size that ice cream spoons will stand, the limit being the size of the mouths of ladies eating the cream. Since spoons were first made and indulged in, up to within a year or two past, they have had bowls of one stereotype shape —that of an egg, with the little end somewhat sharp. This sharpness was supposed to be necessary and was intended to act on the principle of the wedge in getting the mouth well open.

About two years ago a philosopher, experimenting with spoons, young women, and ice cream, discovered that the ancient and time-honored spoon shape was based on a fallacy, as far as ice cream is concerned, at any rate. Taking an ordinary sized soup ladle and filling it with good ice cream soda, he passed it to a young woman fitted with the smallest size of mouth. Without any apparent effort the lips surrounded the bowl of the ladle and without the least visible difficulty the ice cream vanished into the dark, unfathomed, inward cave of the young woman. This settled it. It was proven, incontestibly, that the round shape was best for ice cream soda spoons, and birth was given to the Round Bowl Superbs. Economy in ice cream and ice cream soda, however, necessitated that the bowls of these be of about the same capacity as those of the old-time egg-shaped bowls. The Round Bowl Superbs, on introduction to the trade (only last season) at once jumped into favor, attaining a phenomenal success. They were made at first in but one size, of about the capacity of a dessert spoon, for ice cream soda, but are now offered to the trade in a smaller size — the sherbet or straight ice cream size (about that of a teaspoon). The manufacturers, the Niagara Silver Co., of Niagara Falls, N. Y., have also, this season, put on the market a Crushed Fruit Ladle of the same round bowl design. Cuts illustrating these spoons, in exact full size, appear on another page in this issue, together with other interesting information concerning the new spoons, to which we advise our readers to refer. The spoons and ladle are to be had of all jobbers.

Source: The National Druggist - April 1900

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The Round Bowl Superbs

To the practical eye, in nothing is the wide-awake and up-to-date management of a soda fountain so surely and quickly determined as in the care bestowed upon the service, including the containers and plate used in serving the various drinks, etc., dispensed at the counter. The careless, let-well-enough-alone manager who thinks a pressed-glass tumbler and a plated teaspoon good enough for his customers, will soon find his fountain forsaken when the "man across the way," or "down at the other corner," begins to serve his ice-cream soda in handsome cut-glass dishes with new and elegant spoons, etc. Of all the paraphernalia, the spoon is, however, the most important, and of all the spoons that we have yet seen, that known as the "Round Bowl Superbs" is the most elegant and fetching. These spoons are made in several elegant styles by the Niagara Silver Co., Niagara Falls, N. Y., in whose advertisement, in this issue, may be seen cuts of the same. Read the "ad.," and write to your jobber for prices. It will pay you.

Source: The National Druggist - March 1900

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