ABSTRACT
This chapter on an ostensibly simple court case that dealt with an apparent infringement of a registered design revolved around the alleged piracy of the design and production of coal scoops. The defendants argued that it was simply an earlier version of a scuttle that had been remodelled and was not entitled to be registered as a new design. After hearing evidence from both sides, the magistrates’ court was minded to dismiss the case but judgement was suspended allowing time for an appeal to a higher court. The information alleged that the defendant did fraudulently imitate a certain design for a Persian coal scoop, thereby infringing the copyright of complainant, secured to him by registration in October 1859. Moreover, Mr Underhill had on one occasion, when adjournment had been taken to suit him, agreed to pay the costs.
