STEPHENSON, BLAKE & CO.V.GRANT, LEGROS & CO. LD

1916 Reports of Patent Design and Trade Mark Cases  
firm of typefounders brouqhi an action alleg'ing that the Defendants. aCompany formed for casting type faces, had in the years 1912-1913 infringed the Plaintiff's Tights, first as the proprietors of a registered Design for a fount of printing type consisting of capitals, lower casefigures, and points, registered in the year 1904 and sub-15 sequently extended, kmoum as " Windsor" : secondly, as the owners of the copyright in the dranoinqe for two founts of printing type known as " lVindsor " and
more » ... as " lVindsor " and "Uhats: " worth " : and thirdly as the oumers of the C01Jyright in two Books containing illu8trations of the " Windsor" and "Chatsworth" founts of printing type. Certain-Admissions had been agreed to between the parties for the purposee of pre-20 l'im:inary arguments (in points oj law, viz. :-(1) that to adapt a letter to a larger or smaller size in practice it is [ound. necessary to alter a letter in various particulars ; (2) that the Plaintiffs did not allege reproduction of the letters and fiqure» in the Design in the same relative position to one another in which they appeared on the Reqister ; and (3) that the de8igning of the [orms of the letters for a new fount tJf type 25 may involve work of artistic merit. On agreed questions of law incoloed in the Pleadings and upon the Admissions, the following questions arose for decision by the Court, viz. :-(1) whether a Design for a [oumt of type .£S properly the subject-matter of registration as a Desiqn ; (2) whether, assumttng a Design for a fount of type to be 80 reqistrable, what the Defendants were alleged to have done constituted an infr~nge-30
doi:10.1093/rpc/33.20.406 fatcat:ha5o65dbcrfxrkdncxmwmtvbqm