The Dunlop Pneumatic Tyre Co., Ld. v. The Dunlop Lubricant Co. suggested the Plaintiff Company, and for no other reason. It appears to me it would be wrong to allow him to carry on business under that name, and to describe the goods as he does as "Dunlop" goods, for that is the chief word that he uses on the covers of his goods, with regard to his burning oil and his 5 graphite, which he sells. The word "Dunlop" is put in a very prominent way, and I am satisfied that he does that with a view of inducing customers to believe that those goods, if they are not the goods of the Plaintiffs, are goods used in some way with their sanction, or connected in some way with them, so as to get the benefit of the Plaintiffs' name. It appears to me that the Plaintiffs 10 are entitled to say that the word "Dunlop" ought not to be allowed to be used under those circumstances with those objects by the Defendant; that it would injure them in their business very considerably if it is not stopped. They themselves are sellers of cycle accessories, though as a matter of fact up to the present time they have not sold burning oil or lubricants. But they may do so, 15 and in the meantime it appears to me that they are entitled to come into Court and say that a name substantially identical with theirs ought not to be allowed to be used by the Defendant in the way in which he is using it. I, therefore, think the Plaintiffs are entitled to some relief. I shall grant an injunction "restraining the Defendant, his servants and agents, 20" from carrying on business under the style of the Dunlop Lubricant Company, or "under any other style or title comprising the word 'Dunlop,' so as to induce "the belief that the Defendant Company is the same Company as the Plaintiff "Company, or is in connection with them, or that the business of the Defendant "Company is the same or in any way connected with the business of the 25" Plaintiff Company." Then, I think, with regard to the goods he is selling, there must be also an injunction "restraining the Defendant, his servants and agents from selling goods in the form shown by the two examples," following it by "and from selling goods in any labels having the word Dunlop' upon them, so as to represent or induce the belief that the goods are the goods of 30 "the Plaintiff Company." Then there must be an order for the Defendant to pay the costs of the action. 66 66 The Dunlop Pneumatic_Tyre Company, Ld., and Others v. The New Ixion Tyre and Cycle Company, Ld. IN THE COURT OF APPEAL. Before THE MASTER OF THE ROLLS and LORDS JUSTICES CHITTY and October 25th, 26th, 27th, 28th, and 31st, and Nov. 25th, 1898. THE DUNLOP PNEUMATIC TYRE COMPANY, LD., AND OTHERS v. 5 Patent.-Action for infringement of two patents.-Validity.-Infringement.-Plaintiffs partly successful.-Costs.-Appeals by Plaintiffs and Defendants.-Appeals dismissed.-Form of Injunction. In 1890, a patent was granted to W. for " Improvements in rubber tyres and 10 "metal rims or felloes of wheels for cycle or other light vehicles." In the same year a patent was granted to B. for "Improvements in tyres or rims for cycles "and other vehicles." In 1897, the D. P. T. Company, in whom both the patents had become vested, commenced an action against the N. I. T. Company for infringement of both patents. The Defendants denied infringement and also 15 the validity of both patents. Before the trial, B.'s patent had been upheld and construed by the House of Lords (The North British Rubber Company, Ld. v. The Gormully and Jeffery Manufacturing Company, 15 R.P.C. 245), by whom it was held that the first claim was for the method described in the Specification and any method substantially the same of connecting the 20 outer cover of a tyre with the rim so that the ends of the cover are gripped. W.'s patent had before the trial been upheld and construed in several actions, and in one of them (The Pneumatic Tyre Company, Ld., v. The East London Rubber Company, 14 R.P.C. 573) by the Court of Appeal, by whom it was held that the feature of the invention consisted in an arrangement in which an 25 arched tyre was stretched over a convex surface and held in position by wires in its edges without any other support or fastening. Two tyres were complained of by the Plaintiffs as infringements, both of them being alleged to infringe B.'s patent, and one of them only being alleged at the trial to infringe W.'s patent, 10 The Dunlop Pneumatic Tyre Company, Ld., and Others v. The New Ixion Tyre and Cycle Company, Ld. In each there was a rubber tyre with metal bands in pockets at the edges of it; these bands overlapped longitu linally, but the ends were not fastened together: The rim in each case was nearly flat at the bottom, and the bands when lying side by side in the rim met or slightly overlapped. In the alleged infringement 5 of both patents (J.H.2) the edges of the rim were turned outwards to some extent, but in the other alleged infringement (J.H.1) the edges were somewhat inturned, and in the latter case the pockets were looser than in the former case. The position and action of the bands when the tyres were inflated were in controversy. Held, by Kekewich, J., that the questions as to the validity of the patents were concluded as regards that Court by the judgments in the previous actions on the patents, that J.H., was an infringement of B.'s patent, but that J.H., was not an infringement of either of the patents. A special order was made as to costs, and the costs so far as referring to the validity of either patent were directed 15 to be taxed as between solicitor and client. The Plaintiffs appealed against the decision so far as the same related to J.H., and also as regards the form of the injunction in respect of J.H., which restrained the Defendants from infringing B.'s patent by making tyres like J.H., but not generally from infringing the patent. The Defendants 20 appealed from the decision that J.H., was an infringement of B.'s patent, and also from the decision in favour of the validity of W.'s patent, and contended, at the hearing, that it was invalid on the ground of disconformity, inasmuch as Fig. 20 in the Complete Specification was not within the Provisional Specification. 25 Held (approving the decision of Wills, J., in The Pneumatic Tyre Co., Ld. v. The Ixion Patent Pneumatic Tyre Co., 14 R.P.C. 853), that W.'s patent was not invalid on the ground alleged by the Defendants, and that the decisions of Kekewich, J., as to infringement were correct. All three appeals were dismissed with costs, such costs to be set off. 30 On the 16th of September 1890, Letters Patent (No. 14,563 of 1890) were granted to Charles Kingston Welch for "Improvements in rubber tyres and "metal rims or felloes of wheels for cycles and other light vehicles." The Complete Specification (so far as material for the purposes of this report) was as follows:-" My invention relates to improvements in the construction of 35" rubber tyres and metal rims or felloes and methods of securing the same one "to the other, for the wheels of cycles and other light vehicles. 40 "The chief objects of my invention are to produce rubber tyres that will be "easy running, reduce vibration and also be securely fastened to the metal rims. "or felloes. 66 "The rubber or elastic tyres hereinafter described are in most cases saddle or "arched (when on the rims) in section and are made to fit either wholly or partly outside the metal rims or felloes which may in some cases be of special "form as hereinafter described, I also construct this form of tyre to fit over "other elastic tyres or wheels at present in vogue or made in the ordinary way, 45" either for protecting securing, or reducing vibration. In all cases the method "of securing renders the rubber tyre easily attachable or detachable for "repairs &c. 66 Referring to the accompanying sheet of drawings throughout the several "figures similar parts are marked with like letters of reference. Fig. 1 is a B The Dunlop Pneumatic_Tyre Company, Ld., and Others v. The New Ixion Tyre and Cycle Company, Ld. 66 "transverse section of a saddle or arched shape rubber or elastic tyre as fitted "to a round weldless steel tubular rim. Fig. 2 is a transverse section and part side elevation of a similar tyre as fitted to a D-shaped tubular rim in "which the spokes may be suitably secured. Referring to both figures a. "is the rim. c. the saddle or arched shape elastic tyre through which two 5 "longitudinal holes are formed one on each side of the rim, these are lined "with a strong canvas or insertion and vulcanized within the rubber c. as shown "at d. these linings may be separate one from the other as in Fig. 1 or I may "fold a piece of canvas on each side and either stitch or otherwise fasten "it together and vulcanize the same within the rubber tyre as shown at d. in 10 "Fig. 2. "In order to secure the rubber or elastic tyres to the rims I insert two "wires or cores e. e. (which may be of steel, brass, bronze or other sufficiently " inelastic material to answer the purpose) one on each side of the rim, the ends "of the wires may be connected with a nipple ƒ, having a right and left hand 15 "thread screwed thereon, or I may put a thread on one end of the wires a head 66 on the other and connect it with a similar device as shown with reference to 66 66 Fig. 21 or in any other suitable way. The nipples may be of hexagon form or may be enlarged at any part in the form of a hexagon collar as shown at f. "Fig. 2 which may be turned by a thin wrench as shown in Fig. 3 pushed 20 "between the ends of the rubber when the tyre is made of a straight length 66 66 or if moulded in a complete ring small apertures may be made for the purpose as shown at g. Fig. 2. Thus the above described rubber tyres may "be placed on either of the described metal rims or felloes one wire of "which may be connected beforehand the ends of the other wire may then 25 "be connected after the tyre is in place and each drawn together with a "wrench, thus the rubber tyre would tighten on the rim or felloe and the "sides would be drawn in towards the centre of the wheel securing the same "thereto, the under or inner portion of the tyre Fig. 1. is shown lined with canvas to strengthen the same, cement may be used in addition to the wires 30 "for either preventing the collection of dirt or dust or to help in keeping them "in position, when the tyres may be grooved, serrated or embossed as shown in "Fig. 2. . . 66 "Fig. 15 shows a transverse section of a saddle or arched shape rubber or "elastic tyre constructed according to my invention for covering, protecting 35 "and securing tyres of wheels which are inflated with air as described in "Thomsons Patent No. 10990-1845, and are now in present use. a. is a wide "metal rim constructed with a rounding surface outwardly in the form of a "shallow concave groove on each side of which the shoulders k. k. are formed "the spokes may be secured in the rim in the ordinary way, this rim may also 40 "be made in a tubular form. b. is an ordinary inflatable tyre similar to that "described in Thomson Patent herein before mentioned and also in present use. c. is a saddle or arched shaped tyre similar to those before described but made "larger as shown in the drawings, d. d. is a strong canvas lining made from a "width of canvas or other suitable material folded over and sewn or otherwise 45 "secured as before described so as to form a strong support for the wires or cores, in some cases it may be desirable to double the canvas throughout, e. e. are the securing wires or cores which are inserted into the sides of the tyre or covering as in other cases herein before described, the ends of the wires may "be fastened by nippers similar to those before described or I may render the 50 "wires endless in this case by beveling the ends of the wires for about 2 in. and "braze them together, the tyre may then be made up on the wires or cores and "vulcanized with the same. 7. is a piece of canvas placed over the spoke heads "to protect the inflatible tyre from undue wear. . . . 66 "Fig. 19 shows a complete tyre constructed to fit the ordinary large sized rims. 55 The Dunlop Pneumatic Tyre Company, Ld., and Others v. The New Ixion Tyre and Cycle Company, Ld. a. is the rim in which is fitted the rubber tyre c. constructed with a hole through "the same for either lightening or reducing vibration. d. is the canvas for "supporting the wires e. e. which are passed through the holes and drawn together "in a similar manner to those described with reference to Figs. 1 and 2. 5 "Fig. 20 shows a similar tyre constructed with a much larger hole through "the centre this hole or space may be inflated through a suitable tube fitted with :6 a valve in the ordinary manner. a. shows an ordinary hollow metal rim made "with rounded edges; c. is a saddle or arched shaped tyre connected at the bottom by a web or band of rubber thus making a complete tube; d. is the 66 10 "canvas insertion which is vulcanized within the rubber in the form of a tube |