Silver Smithing - the law, history, literature or folklore.

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Silver Smithing - the law, history, literature or folklore.

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Author	Topic: Silver Smithing - the law, history, literature or folklore.
Scott Martin Forum Master Posts: 11520 Registered: Apr 93	posted 02-01-2007 01:41 PM My mind wanders.... I was trying to find an answer to Paul’s question in another post (posted 01-31-2007 04:17 PM): “Did the Rogers silverplate company ever get into copyright infringement trouble?” Gorham Co. v. White -- "The Cottage infringement". Although I still can’t answer his question, I ran across several in the legal profession who were making this attribution: “Trademark law as we know it originated among silversmiths in London's East End, who put their own marks on their wares to show that they were a certain quality of goods. Counterfeiting of marks was actually a criminal offense.” This was my first distraction to finding an answer Paul’s question about Rogers which led me to explore how silversmiths may have influenced the law beyond the Gorham v. White patent case (see this post Gorham Co. v. White -- "The Cottage infringement") and trademark law. This led to my looking for more details on the origins of trademarks (which may have really started with a loaf of bread (or possibly earlier with brick makers)). The short silver forcus: In 1266, in the UK there was a Bakers Marking Law passed, which governed the use of stamps or pinpricks on loaves of bread. The Bakers Marking Law may be what really set the stage in the UK for Hallmarking. Hallmarking in the UK began in 1300. Didn’t the French start hallmarking earlier (circa 1272)? Silversmiths were required in 1363 to place a makers mark on their products. This started my pondering about the early history which led me to thinking about it from a few perspectives; historically, in literature and folklore. I’m still reflecting and a long ways from any conclusions but I felt I would share my preliminary musings. Maybe one of you have already gone down this path and would share your contemplations. In the least, from these casual musings, may be this will generate a few interesting side threads/posts about silver smithing in history, literature or folklore. IP: Logged
ahwt Posts: 2334 Registered: Mar 2003	posted 02-02-2007 12:02 AM The University of Texas has a very good website covering intellectual property. Included is a Trademark Timeline that summarizes the history of trademarks from prehistoric times to the present. Remember that a trademark can be a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. If the goods are not covered by a patent or copyright one is free to make, use and sell the identical product, but of course they cannot use another's trademark on their goods. [This message has been edited by ahwt (edited 02-02-2007).] IP: Logged
Clive E Taylor Posts: 450 Registered: Jul 2000	posted 02-02-2007 08:19 AM Patents are a similarly interesting subject. The silver buckle trade in eighteen century England was greatly affected by William Eley when he introduced and patented in 1784 a much superior method of attaching shoe buckles. It caught on, in both meanings of the word, so well that many of the more traditional silver bucklemakers copied it, slavishly, often under their own names. Mr Eley, not surprisingly, was somewhat annoyed, and promptly sued one of the wealthier infringers, William Yardley. And in 1790 won his case. This greatly upset the silver bucklemaking community (Eley was,I think considered rather an upstart and not one of the boys!). Reading between the lines ,the other bucklemakers ganged up on Eley, and rather than appeal the Yardley case, went for the throat and in The King -against - Eley ( 8th December 1790 ) actually had Eley's actual patent repealed . Looking at the case today in the year 2007 it shows a most blatant example of vested interest triumphing over common sense and justice. The Times reports "The numerous bucklemakers in and about the Court were rather noisy in expressing their approbation of this verdict by repeated huzzas!" The Times accounts of both trials show distinct bias against Eley, but do give a flavor of the period in the humor employed by sets of lawyers, - much of it alas, as lost to modern ears as Shakespear's wit, in the language changes. IP: Logged
Scott Martin Forum Master Posts: 11520 Registered: Apr 93	posted 02-02-2007 09:47 AM Helpful time line summary . Thank you. It may set my curiosity wandering in even more directions. William Eley is very a intriguing account. Have you a copy of the patent? I don't think anyone has ever posted an UK patent on the SSF, it would be interesting to see. Also is the "The Times report" available on line? I can guess why there was a Bakers Marking Law but (on the Internet) I have not yet found any assertions as to why. Can anyone save me some time upon my next visit to the library and suggest a source for more descriptive info on the Bakers Marking Law? IP: Logged
ahwt Posts: 2334 Registered: Mar 2003	posted 02-02-2007 10:47 AM Reasons for the bakers marking law had more to do with controlling the quality of the bread than trademark laws do today. It seems it was enacted to provide accountability of the various bakers of the day that their bread meet certain standards. IP: Logged
Clive E Taylor Posts: 450 Registered: Jul 2000	posted 02-02-2007 01:25 PM Regret I do not have a copy of the actual patent. The Times on line is available by subscription only - I have access only by the forebearance of my previous library connection - they I suspect do not realise I still have the access codes and I do not intend to remind them ! I can send, probably illegally, copies in acrobat format to an Email address ! Times covers only from 1785 and the search engine is very tempermental.Works by OCR. IP: Logged
ahwt Posts: 2334 Registered: Mar 2003	posted 02-02-2007 02:16 PM William Eley's patent no.1427 of 1784 is discussed here. The discussion indicates an illustration of the patent, but I have as yet not found it. This web site does appear to be a good review of buckles through the ages. IP: Logged
Clive E Taylor Posts: 450 Registered: Jul 2000	posted 02-02-2007 03:13 PM The method of attaching shoes to the foot consisted of one strap each side of the shoe (called latchets) which were joined by a shoe buckle -which was entirely detachable from the shoe. Buckles were thus interchangeable and could be mix and match. Both shoes and buckles were very expensive so maximum flexibility was very desirable. A shoe buckle fitted over one latchet and was secured by internal spikes on a roll or pinder to it. The prongs (called tongues in 18th century ) then were engaged to the other latchet, pulling the shoe on tight. For over half a century this system was almost universal, only the shapes of the tongues and the roll differing in minor detail - see the top two examples . The saddle pin went across the buckle. The whole thing was a bit cumbersome but worked well until the much larger buckles of the late eighteenth came along. Enter Mr Eley. His system had the hinge going along the side of the buckle, and simplified matters for the user tremendously - see bottom picture. He used a loose piece of leather, or cloth to cover the mechanism and simulate the latchets. This was held by a spring loaded integral clamp on the swinging part. Easy shown than explained. IP: Logged

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