9 April 1833: Messrs. Verdon Brittain & Co. claim before a Sheffield court that razor-maker William Harrison of Sims Croft has plagiarised the mark granted them by the Cutlers’ Company
No relevant Harrison marks found, but these were in use by Brittain in the late 18th century (Woodhead 1991).
Sheffield Independent. 1833/04/06. Town Hall. Sheffield. Get it:
.Excerpt
Mr. Palfreyman admitted that Mr. Harrison had for many years used the mark complained of, but proceeded to show, by producing the mark itself, and several blades, both ground and unground, which had been marked with it, that it was not an imitation of Messrs. Brittain and Co.’s mark, and consequently the use of it could not infringe upon their mark. It consisted of a cross, and the letters “C & B” marked beneath; while Messrs. Brittain and Co.’s was a cross, with the letters “G. B.”
Mr. Young contended that this was an imitation; for that when the blades were ground it was seldom possible to distinguish between a G and a C. As for the “&” it was merely put in to evade, if possible, the penalty. He prayed for a conviction, in the mitigated penalty awarded by the Act.
Mr. Harrison declared that he had for a great length of time used the mark, and that it was not intended to be an imitation of the mark of Messrs. Brittain and Co. or of any other manufacturer.
Mr. Chandler dismissed the case, saying that it did not appear to him that “C & B” could justly be considered an imitation of “G. B.”
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Comment
What was the applicable legislation before the 1862 Merchandise Marks Act?
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Original
Mr. Palfreyman admitted that Mr. Harrison had for many years used the mark complained of, but proceeded to show, by producing the mark itself, and several blades, both ground and unground, which had been marked with it, that it was not an imitation of Messrs. Brittain and Co.’s mark, and consequently the use of it could not infringe upon their mark. It consisted of a cross, and the letters “C & B” marked beneath; while Messrs. Brittain and Co.’s was a cross, with the letters “G. B.”
Mr. Young contended that this was an imitation; for that when the blades were ground it was seldom possible to distinguish between a G and a C. As for the “&” it was merely put in to evade, if possible, the penalty. He prayed for a conviction, in the mitigated penalty awarded by the Act.
Mr. Harrison declared that he had for a great length of time used the mark, and that it was not intended to be an imitation of the mark of Messrs. Brittain and Co. or of any other manufacturer.
Mr. Chandler dismissed the case, saying that it did not appear to him that “C & B” could justly be considered an imitation of “G. B.”
213 words.
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