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INTERNATIONAL SILVER CO. v. ONEIDA COMMUNITY

No. 330.

73 F.2d 69 (1934)

INTERNATIONAL SILVER CO. v. ONEIDA COMMUNITY, Limited.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied October 31, 1934.

Attorney(s) appearing for the Case

Bartlett, Eyre, Scott & Keel, of New York City (John P. Bartlett, Richard Eyre, Edward S. Rogers, and Ralph L. Scott, all of New York City, of counsel), for complainant-appellant.

Nims & Verdi, of New York City (Harry D. Nims, James J. Kennedy, Wallace H. Martin, M. L. Severn, and S. L. Whitman, all of New York City, of counsel), for defendant-appellant.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This suit is to enjoin the use of the name "Rogers" on silver-plated flatware and other tableware, as well as to enjoin the use of various trade-marks and to restrain unfair competition.

Complainant claims to be the successor of the original Rogers firm that began business in 1847 and attained a high reputation in the manufacture of silver plate. We think this position cannot be sustained so far as it seeks exclusive rights...

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