Parker and Smith v. Satchwell & Co., Ld.

merit of ingenuity and invention, and was not vitiated either by the fact that two of its claims, which were clearly appendant to the "improved device" of the Patent, were for old devices, or by the alleged anticipations; that the Defendants had infringed the Patent of the Plaintiffs, who were therefore also entitled to an injunction restraining infringement and to the usual Certificates, as well 5 as to an Order for delivery up of the infringing articles and a direction for an account of profits.

On the 25th of January 1895 Letters Patent (No. 1815 of 1895) were granted to Andreas Stockinger for "An improved device for holding or retaining ladies' "hair."

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The Complete Specification was as follows:-" My invention relates to an improved device for holding or retaining ladies' hair.

"In order that my invention may be clearly understood I will now describe "the same with reference to the accompanying drawings, which show various "constructional forms of my improved device.

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My improved device comprises two jaws a a' jointed together and having "comb-shaped teeth c on the sides turned towards each other. Arms bare "provided either on the jaws themselves (Figures 1 to 4) or on a ring A "carrying such jaws (Figure 5). The jaws are opened for placing the hair "between them, then they are closed and the lock of hair thus held is wound 20 "around the arms b in any desired manner. Various means for locking the "jaws when closed may be adopted. In one arrangement shown in Figure 1 "the jaws a a1 are held by a ring or clamp e which is placed over the parts or "wings b b of the jaws the said parts b1 b2 each forming one of the arms b and "having teeth d with which the ring e engages thereby preventing the acci- 25 "dental opening of the jaws. The said teeth d may also be cut obliquely to "form parts of a screw-thread, while the ring e is provided interiorly with a corresponding female thread so that the ring may be screwed up and down on "the wings.

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"In the arrangement illustrated in Figure 2 the jaws are held together by a 30 pin g secured to the hinge or pivot of the jaws and adapted to pass into holes "in spring projections ƒ ƒ fixed to the wings b' b2 of the jaws a a', the said spring projections being pressed up to enable the jaws to be opened and "released and thus allowed to spring back on to the pin g on closing the jaws. "I may also pass a pin h through the holes in the projections in order to hold 35 "the jaws closed, f, f as shown in Figures 3 and 4, Figure 4 being a side "elevation of Figure 3.

"The herein before described locking devices enable the size of the opening "between the jaws a a1 to be adjusted at will, for example by screwing or "placing the ring or clamp e higher or lower on the parts b1 b' as shown in 40 “Figure 1, or by suitably choosing the holes in the parts ff through which the "pin g or h is passed (Figures 2 or Figures 3 and 4).

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"In the arrangement shown in Figure 5 the locking of the jaws is effected "by the wings b1 b2 which are arranged at the upper ends of the jaws a a1 the "wings b1 b' being elastic or springy and so shaped that they may be caused to 45 engage with each other as shown. It will be seen that in the modification "shown in Figure 5 the jaws a a1 are not pivoted to one another but are formed "in one piece, the whole piece being fastened at ao to the ring from a. In this "form of device the size of the opening between the jaws cannot be adjusted." The Patentee claimed :—" 1. An improved device for holding and retaining 50 "ladies' hair, having pivotally connected toothed jaws a al for the insertion of "the hair, and arms b b around which the hair is wound. 2. In an improved "device for holding and retaining ladies' hair, the arrangement for holding the jaws a a1 closed, the characteristic feature of such arrangement being that the

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Parker and Smith v. Satchwell & Co., Ld.

"wings b1 b' arranged on the upper extremity of the said jaws are springy or "elastic so that they can be hooked into one another, as shown in Figure 5. "3. In the device described in Claim 1 the arrangement for holding the jaws "a al closed and for adjusting the size of the opening between the jaws, the 5" characteristic features of such arrangement being, either the provision of teeth "d on the wings b1 b3, over which teeth a clamp or ring e is passed or screwed "(Figure 1), or the provision of perforated elastic projections ff on the wings "bb, forming one of the arms b into which perforations a pin g (Figure 2) or "a pin h (Figures 3 and 4) can be introduced."

10 This Patent became vested in the Plaintiffs (who were warehousemen in London) by an indenture dated the 1st of March 1898, and duly registered on the 10th of March 1898, the Plaintiffs having for a few months prior to that date acted as agents for the sale in England of articles made in accordance with the Patent. Immediately upon acquiring the Patent the Plaintiffs settled on 15 the particular form of device shown in Fig. A, and also at their own expense had a special show-card prepared for the purpose of displaying and giving instructions for the use of the device as shown in Fig. A (p. 302). By means of advertising and public demonstrations of the mode of user of their device the Plaintiffs obtained a large notoriety for their article in 1898, and effected large 20 sales in London and the provinces; in 1898 the sales averaged about 16 gross per month, and in 1899 averaged 37 gross per month. In September and October 1899 the Defendants (who traded in Birmingham as fancy goods merchants and factors) purchased, in different orders, over two gross of the 25 Plaintiffs' devices, and the bulk of these was delivered to them mounted on the show-cards. In May 1900 a traveller of the Plaintiffs, calling on the Defendants for further orders, found that they were offering for sale the device mounted

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Parker and Smith v. Satchwell & Co., Ld.

on a show-card as shown in Fig. B. (page 304). The price of the Plaintiffs' article was 1s. 6d. and that of the Defendants' 6d.

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On the 1st of June 1900 the Plaintiffs commenced this action, and their Statement of Claim, after stating their title to the Patent and that the Patent 5 was valid, continued :-" (3) The Plaintiffs have long been in the habit of selling and offering for sale hair-retaining devices manufactured in a particular and "distinctive style and get-up, and mounted on certain special and distinctive "show-cards bearing illustrations and other matter distributed over each card “in a particular manner, and the Plaintiffs' said devices are recognised by such 10" style and get-up, and also by the said cards on which they are mounted, and anyone who purchases devices intended for the purpose aforesaid manufac"tured in the style and get-up of the Plaintiffs' devices or mounted on such cards as aforesaid purchases the same believing them to be the manufacture of the "Plaintiffs and intending to purchase the Plaintiffs' articles and none other. (4) Since the said 10th day of March 1898 and prior to the issue of the writ in "this action the Defendants have infringed the Plaintiffs' said Letters Patent, "and have offered for sale, sold, supplied and used hair-retaining devices "manufactured according to the invention in respect of which the said Letters "Patent were granted, and they threaten, and intend to continue so to do, 20" unless restrained by the Order of the Court. (5) The Defendants have "further offered for sale, sold, and supplied such devices as aforesaid of very "inferior quality to the Plaintiffs' said devices, but manufactured in the same particular and distinctive style and get-up as the Plaintiffs' said devices, and "mounted on illustrated show-cards obviously copied from the Plaintiffs' said special and distinctive show-cards, and the sale of such devices so manu"factured and mounted is calculated to represent or lead to the belief that "such devices are manufactured by or for the Plaintiffs, and the Defendants "threaten and intend to continue to offer for sale, sell, and supply such devices as aforesaid, manufactured and mounted as aforesaid, unless restrained by the 30" Order of the Court. (6) The Defendants have by their wrongful acts afore"said caused to the Plaintiffs serious loss and damage, and received considerable profit intended for the Plaintiffs, and which ought to belong to them. The "Plaintiffs therefore claim as follows :-(1) An injunction to restrain the "Defendants, their servants and agents, during the continuance of the said 35"Letters Patent from offering for sale, selling, supplying, or using any hairretaining devices manufactured according to or in the manner described in "the Specification filed in pursuance of the Plaintiffs' said Letters Patent "No. 1815 of 1895, and generally from infringing the Plaintiffs' rights in respect of such Letters Patent. (2) An injunction to restrain the Defendants, 40" their servants and agents, from selling or offering or exposing or advertising "for sale or procuring to be sold any hair-retaining devices not of the Plaintiffs' "manufacture or merchandise, manufactured in such style or get-up or mounted upon such show-cards or otherwise in such a manner as by colourable imitation "of the Plaintiffs' devices or show-cards or otherwise to be calculated to repre45 "sent or lead to the belief that such devices are devices of the Plaintiffs' "manufacture or merchandise. (3) And from in manner aforesaid or in any "other manner passing off or enabling or assisting others to pass off any such "devices as aforesaid as or for devices of the Plaintiffs' manufacture or "merchandise." The Plaintiffs further claimed delivery up of offending 50 articles and also costs.

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The Particulars of Breaches stated :-" (1) The Defendants have at divers "times since the 10th day of March, 1898, and prior to the issue of the writ in "this action, offered for sale, sold, and supplied hair retaining devices manu"factured according to the invention comprised in the Letters Patent dated the 55" 25th day of January 1895, and numbered 1815 of 1895. In particular the "Defendants sold one of such devices on the 25th day of May 1900 to one "Arthur William Watson."