Need Help Locating Rogers & Brother Gothic Pattern Flatware

[Delz]

Hello all. I am a patent attorney. A major historic patent case was Gorham v. White and involved two silver flatware companies. I would like to obtain a spoon of each companies flatware that was at issue in the case and have them framed together and put in my office. Gorham's design was called Cottage. White's, which I believe was making flatware under the company Rogers & Brothers, was called Gothic.

You can see drawings of each party's flatware here:


I have been able to track down Gorham's Cottage design, but not White's (Rogers & Brothers) Gothic design.

I would greatly appreciate any help you could provide in finding a piece of White's Gothic flatware!

Thanks!

[silverly]

I will be on the look out for your pattern. Who won the suit? For my eye, the two patterns are not enough a like to have a problem, but I can also see that they are similar enough to have caused a dispute. You are no doubt getting your name on the lists of patterns wanted wherever possible.

[Delz]

Gorham won. The test for infringement is substantial similarity, but the question was to who? An expert, in this case one such expert was Mr. Tifffany, or a consumer? The decision was a consumer because an expert would/should be able to tell the difference between two designs no matter how small the differences.

When you said "You are no doubt getting your name on the lists of patterns wanted wherever possible" did you mean that this is a very sought after design?

What are the odds I can find one such spoon?

Thanks again!

[silverly]

To my knowledge, this is not a sought after pattern, but then I'd never paid any attention to it at all until you mentioned it. Mine was just a suggestion of a possible route to follow to find what you are looking for. I do think your subject matter is extremely interesting.

When you have time, another matter that might be of interest for discussion is the United Kingdom suit against Gorham over its trademark's similiarity to a Birmingham hallmark.