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INTERNATIONAL SILVER CO. v. ROGER CHROMEWARE, INC.

Civ. No. 64 C 840.

235 F.Supp. 216 (1964)

The INTERNATIONAL SILVER COMPANY, Plaintiff, v. ROGER CHROMEWARE, INC., English Silver Manufacturing Corp., Martin Rosen, Fred Rosen and Peter Varisco, Defendants.

United States District Court E. D. New York.

October 23, 1964.

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart, New York City, for plaintiff; Leslie D. Taggart, New York City, of counsel.

Milton Friedman, New York City, for defendants Roger Chromeware, Inc., and Peter Varisco.

Nathan & Nathan, New York City, for defendants English Silver Mfg. Corp., Martin Rosen and Fred Rosen; Sylvan H. Nathan, New York City, of counsel.

BRUCHHAUSEN, District Judge.

The plaintiff moves for a preliminary injunction restraining the defendants from using the name "Roger" allegedly infringing plaintiff's mark Rogers.

It appears that the following inscription was stamped on the backs of defendants articles:

"ROGER CHROMEWARE INC BY SIL-VARWARE CO."

No principal or employee of the defendants was born...

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