The Sun.
London, England, 1863-09-30 00:00:00

COPYRIGHT OF DESIGNS.

Mr. Corrie, the magistrate at Bow-street, was occupied
during the greater portion of the evening yesterday in the
investigation of a case in which Messrs. Clarkson and Co.,
the well-known chintz manufacturers, of Baniston Hall
Works, Lancashire, and of Coventry-street and Cheapside,
London, proceeded to recover penalties under the Copyright
of Designs Act, .5 and 6 Vic., against Messrs. Shoolbred and
Co., of Tottenham-court-road, for exposing for sale certain
patterns of chintz being a fraudulent imitation of a design
registered by the complainants.
Counsclwere retained on both sides; Mr. Aston, instructed
by Messrs Bailey, Shaw, and Smith, for the prosecution, and
Mr. Poland, instructed by Mr. Ashurst, for the defence.
Mr. Aston stated the case. In the early part of last year
Mr. Thos. Clarkson, the son of Mr. Clarkson, the head of
the firm, was informed by Messrs. Jackson and Graham
that they would be glad to have a nice lilac chintz. In con-
sequence of this Mr. Clarkson instructed the designer and
artist of his firm to prepare such a design, which was done.
The design was registered, and by an agreement with Messrs.
Jackson and Graham they became the solo licencees, with
the exclusive right of selling the pattern. In April, 1863,
Mr. Clarkson discovered that Messrs. Walters, of New-
gate-street, were selling a pattern so precisely similar that
they believed it to have been imitated from the registered
design, with only so much alteration that it could not be
strictly termed a copy. Or this Mr. Clarkson thought it
his duty to give intimation to Messrs. Jackson and Graham.
In consequence of that a correspondence ensued, and the
matter was arranged by Messrs. Walters taking a course
which ought to be regarded as a precedent by every re-
spectable firm. They agreed not to issue any more of
the "pirated" pattern, but to give up to Messrs. Jack-
son and Graham all the stock they had on hand, to recall
all the " patterns " then out on show (a sample of the
design), and, with regard to any portion which had been
sold for consumption, that if the parties should nquire
more to match they should be referred to Jackson and
Graham, from whom only they should be enabled to
receive it. Subsequently it was ascertained that Messrs.
Shoolbred were selling a chintz of the same pattern. An
attempt was made to induce them to accede to the same
terms as Messrs. Walters, but they declined, and after a
protracted correspondence closed the matter by referring
to their solicitors. In the course of that correspondence
Messrs. Shoolbred intimated that a copy of the agreement
between Messrs. Walters and Messrs. Jackson and Graham
sent to them by the latter firm was not correct, and that in
the agreement there was an understanding that there was to
be no interference with those who might have purchased
from Walters and Co. before the date of the agreement, and
that therefore they were justified in selling the chintz, as
they had purchased it before that period.
Upon the agreement being produced, Mr. Corrie said it
was somewhat ambiguous, and he thought it did not touch
the point as to the chintz sold before that time. However,
if the design was a fraudulent imitation, the defendants
would not be justified in selling it after their attention was
drawn to it. He would suggest, however, as both parties
were very respectable, the whole affair might be settled by
amicable arrangement.
After a discussion, in the course of which it appeared that
Messrs. Shoolbred had bought GO pieces from Messrs.
Walters, and had 35 pieces left, the case proceeded, neither
party being willing to come to any agreement.
Mr. Aston then proceeded at some length to call the atten-
tion of the magistrate to the details of the two designs, con-
tending that they were similar in all general and leading
features, and that they only differed in some minor details.
The original consisted of lilacs of four colours, via., the na-
tural, red, violet, and white, with green leaves, and the imi-
tation contained natural, violet and white lilacs, red roses,
and green leaves. Mr. Aston then called a number of wit-
nesses, partly as to the facts, and partly as to their judg-
ment as persons of experience that the design in question
was an imitation. Amongst them were Mr. Dennis, who
superintended, and Mr. Aumonin, who executed the design
which had been registered. They said the design was what
is called a "bordered and filled chintz." The filling, which
is the middle portion of the pattern, was designed first, and
it then occurred to the artists to put a border of the same
flowers. They gave their opinion that the general effects,
the colours, the grouping, and all the essentials of the two
designs were the same, and that the variations were only
introduced for the purpose of making some sort of distinc-
tion. They considered it quite impossible that the second
could have been made so like the first by accident. They
were satisfied that the designer must have imitated it from
the registered design.
Mr. Conic had great difficulty in perceiving any greater
resemblance than would necessarily arise if it was admitted
that any one might make a bordered and filled chintz with
a pattern of lilacs of those colours.
The witness explained in great detail that the absolute
and relative sizes of the patterns and the various parts, the
groupings, arrangements, and "balancing" of the colours
were the same; and upon Mr. Corrie pointing out distinc-
tions, the witnesses declared those points of difference to be
wholly immaterial.
Several members of large firms in the chintz trade, and
having many years' experience, thoroughly confirmed the
opinions of Mr. Clarkson, Mr. Dennis, and Mr. Aumonin,
ono gentleman going so far as to declare, that if curtains of
the respective designs were hung on opposite sides of the
bench a person in the body of the court would not be able

to distinguish them.
For the defence Mr. Poland called
Mr. Wm. Pearman, a designer of 20 years' experience,
who said ho was instructed by Mr. Sinnott, manager to
Walters and Son, to design the chintz in question. It was
to be a boidcred and filled chintz, and a sheet of a French
pattern was given hint as a guide to the colours. Ho had
never seen the registered design till last week.
Mr. Sinnett proved that 'no received the design from Mr.
Pearman in September, which was before the other was re-
gistered, and of courae before he had seen it, Had shown
patterns of it to Jackson and Graham, asking them to buy
some of the chintz. Never admitted that it was an imita-
tion, but male the agreement to avoid litigation, and be-
cause it was worth his while, Jackson and Graham being
good customers. It was distinctly understood that persons
who had purchased should not be interfered with.
Mr. Corrie said that even on the view of the patterns he
did not think this was an imitation; but after this evidence
he must either declare the two witnesses were perjured, or
dismiss the summons.

Nr. Poland applied for costs.
Mr. Corrie thought they had better drop it, and not
quarrel any more. No doubt the complainants had really
thought it was a fraudulent imitation, but they must be
convinced to the contrary now.
Summons dismissA.

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Naval and Military Intelli -ne.e.-;"
La
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S PAPE R
4 ...„V •44
THE NAVY. 'mwo
./
The Lords of the Admiralty have dir
Admiral F. Bullock to place himself in comm „Dien s
tion with the officials connected with the ChathEm.
steam reserve, as well as with the officers of the
dockyards at Sheerness, for the purpose of th 0-
roughly testing the efficiency of his invention fcr
measuring with accuracy the speed of ships at sea,
The metal curves on the decks of the whole of the..
ships fitting for the first division of the Chatham
steam reserve, as well as of those already attached
to that division, are to be carefully inspected by the
dockyard officiods, who will report on their condi-
tion previous to the vessels being commissioned for
service at sea.

The Fawn, 17, 100 horsepower, is being brought
forward for sea at the Nore, with all possible de-
spatch. Orders having been received at Chatham
for her to be hastened forwerd :or commission, as
the is intended to relieve the screw steamer Despe-
rate, 8, 400 horse power, CommaaderA. T. Thrupp,
attached to the West India squadron, and not the
Greyhound, 17, 200 horse power, as previously an-
nouuced.
The old line-of-battle sailing ship Duncan, 74, for
several years past employed as a lazaretto ship at
Stangate-creek, is almost entirely demolished, and
by the close of the present week the shipwrights
and labourers at Chatham dockyard will have en-
tirely broken her up. Many of her timbers are still
exceedingly sound, notwithstanding that the Dun-
can was built upwards of half a century since. The
best are being conveyed to St. Mary's Island, where
they will be used in the works in progress for the
extension of Chatham dockyard.
Her Majesty's 21 gun screw corvette Wolverene,
1,702 tons, was yesterday warped out of basin at
Woolwich, and floated into No. 2 dock to be pre-
pared for sea service. The Wolverine is built on the
same principle as the unfortunate Orpheus, and is
intended for the Australian station.
The armour clad ship Caledonia, undocked on
Monday at Woolwich, and afterwards moored at
Purfleet, was yesterday morning towed up the river
and received in the Victoria Docks, where she will
remain until the spring tide at the commencement
of November, to be fitted with her boilers and ma-
chinery. The shipwrights and other artificers, 300
in number, employed in the construction of the in-
terior accommodation of the ship have been granted
an additional 2s.per day, termed "sleeping money,"
toindemnify them for the extra expenses incurred
by their absence from home. Admiral Gold-
smith, C. 8., and other naval officers, awaited
the arrival of the Caledonia yesterday morning
in Woolwich Dockyard as she passed up the
river, and expressed admiration of her appearance.
Notwithstanding the enormous weight of her ar-
mour and other appliances added since she was
launched, weighing over 1,500 tons, she floated up
on the surface of the tide with remarkable steadi-
ness and buoyancy. Being intended to act as a
ram, she is unprevided with a figure•head. On her
removal from dock she will be taken down to Sheer-
ness to be completed for sea.
Mr. Thornton, assistant-master shipwright of
Woolwich, having completed his survoy of the
Calais and Dover packet Breeze, about to wrry the
French mails, yesterday left Woolwich, by
seder of
the Admiralty, to survey the Pacific Steam Navi-
gation Company's ship Chile, at Liverpool.
Her Majesty's steam storeship Fox yesterday
arrived at Woolwich from Pembroke, and wai
hauled into basin to ship boilers and machinery for
Mr. Reed's experimental iron-cased ship Repulse.
The Hecate, war steamer of 700 tons burden,
carrying six guns and under the command of Capt.
Richards, which was lying in Port Jackson at the
last dates, was about to leave for England via Ba-
tavia and the Cape of Good Hope. The Hecate has
been engaged on a scientific and surveying voyage
extending over seven years. She left Vancouver's
Island Dec. 22, 1862, and having touched at San
Francisco, proceeded to Honolulu, where she ar-
rived March 17. She left the Sandwich Islands on
April 21, and made Fanning's Island May 8. She
touched at Humphrey's and Reardon's Islands, and
also at several islands from which the natives have
been recently been kidnapped by slavers. Sunday
Island has been stripped of its inhabitants, and the
plantations and settlements in the other islands in
the vicinity have also been completely destroyed.
It is understood that the plans and reports sub-
mitted by Mr. Scamp, C.E., Deputy Director of
Works, to the Board of Admiralty for the extension
and improvement of Portsmouth Dockyard have
been approved, and that a bill embodying the de-
tails of this scheme will be laid before Parliament
early next session. Of late Mr. Stansfeld, M.P.,
Junior Lord of the Admiralty, has visited Ports-
mouth daily, and in addition to investigating the
dockyard system of accounts has spent considerable
time in acquainting himself with the requirements
of the port.
The ships of war on the Australian station at the
date of the last advices were the Harrier, 17, Capt.
Sullivan, at New Zealand ; the Miranda, 14, Capt.
Jenkins, at Sydney; the Eclipse, 4, Capt. Mayne,
at New Zealand ; and the Hecate, 6, Capt. Richards.
The Miranda has been undergoing extensive re.
pairs for some time at the hands of Mr. Cuthbert,
of Sydney. Dry rot was discovered to have pene-
trated the hull in so many places that it was neces-
sary to lay both sides open. She was, therefore,
placed in the Government dry dock and stripped ;
several portions of the frame have been taken out
and replaced by colonial timber, and the frigate is
now again ready for service. The Australian Steam
Navigation Company has constructed a gunboat for
the New Zealand Government, intended for service
on the inland waters of that colony. She is 140 ft.
in length, 20ft. beam, Bft. 6in. depth of hold, and
will draw only 2ft. 6in. of water. She is built of
din. iron, is fitted with four water-tight compart-
ments, and is bullet-proof. The propelling power
consists of an overhanging stern wheel with feather
ing floats, driven by two 30-horse engines. On deck
are placed two cupolas, each 7ft. in diameter, the
sides being pierced for rifles ; these cupolas are
placed on forward and the other aft, the communi.
cation being from below. As it was important to
protect the gunboat in the event of her getting
aground, a 3-inch pipe is carried fore and aft, flush
With one of the
t
with the gunwale, and connected
generated. The
pipe i
pe
ibso
piercedilers in
withwhich
a seriessteam is
of
holes,
e
so that a con-,
tinuous jet of scalding hot water could be thrown
from the gunwale should an enemy_ come alongside,
The gunboat affords accommodation for 300 men.
Ceps.
Marine Harris, three sergeants, and four corporals
Royal
ordered to leave Woolwich for Lincoln 00 recruit-
ing service, the strength of the corps,
Light Infantry, were yesterday
ordered of all.
ranks, having diminished about 1,000 in consequence
ty
of dismissals, deaths, &-c.
The following appointments were made yesterday
at the Admiralty ;—Commander Stapleton J. Ore..
vine to the St. Vincent, vice Commander Lowther;
Lieut. George W. Carter to the Asia ; the Rev.
Francis ilannan, chaplain, to the Gibraltar ; George
Foster, naval instructor, to the Gibraltar; and Jas,
N. 'Hall has been nominated to naval cadetship.

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