CLYDE NAIL COMPANY LD.V.RUSSELL
Reports of Patent Design and Trade Mark Cases
In the Matter of the Application by Berna Commercial Motors Ld. for the Registration oj a Trade Mark. his trade names and Trade Marks altogether. I am unable to accede to that argument, and Mr. Sebastian has called my attention very properly to Section 22 of the Act which recognises, really, this splitting of businesses, and the assignment of the foreign portion of a business. In my opinion, therefore, the second and 5 third points have also failed, and I ought to make an Order directing the
... istrar to proceed with the Application. suggestion in Specification.-N0 false suggestion when Specification read with the 15 Drawings.-Infringement.-Essence and substance of invention taken.-Interdict granted. The C. N. Co. brought an action against J. R. to have him interdicted from infringing Patent No. 18,631 oj 1907 for" Improvements in the manufacture oj hold-" fasts, dog-spikes, and. the like." Prior to the date of the Patent the method of manu.. 20 facturing these articles from blanks cut from plates or strips and headed by heading devices in a nail-cutting machine was well known. The strip was turned round after each cut, and the cuts were so shaped that a double width oj metal was left at one end to be formed into the head, and the other end was cut to a sharp point. The first cut, or the first two cuts and the last part of the strip, were waste, but the cuts were 25 80 shaped that the whole of the rest' of the metal was utilised without waste. I n this state of the art the Specification stated that where blanks had formerly been cut frOm by guest on March 25, 2016 http://rpc.oxfordjournals.org/ Downloaded from Supplement.] 120 THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). [March 24, 1915 REPORTS OF PATENT, DESIGN AND TRADE MARK CASES [Vol. XXXII]. Olyde Nail Omnpany Ld. v. Russell. plain strips the shape had not been so arranged as to prevent waste, and that the invention might be regarded as the selection oj a particular shape oj blank which was cut from, a plain unribbed shape without waste. In the blank, as described and figured, the head was inclined backward and checked at the end. The first Olaim was for " the manu-" facture of" dog-spikes and the like " by cutting without waste from plain umribbed 5 steel or iron strips blanks shaped as described and illustrated and heading them in a nail-cutting machine." The second and third Olaims were Jor the dog-spikes and the blanks soformed. The first blank, cut according to the Specification, might beformed into~~an inferior but serviceable dog-spike. Prior to the action the Pursuers had treated the first cuts as waste, but on putting them on the market they were found to be 10 saleable. The remaining cuts were all qood, and those after the second were proved to be better than any previously known. The last part of the strip was waste, and the Drawings annexedlto the Specification showed this. The validity oj the Patens was attacked on the ground that the Specification falsely suggested that the dogspikes were made without waste. J. R. manufactured dog-spikes differing in many 15 details from those of the Pursuers, but in which the head oj the blank was curved backwards and checked at the end, giving them special advantages first obtained by the patented invention.