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tline3open  Gorham Pat. infringment

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Author Topic:   Gorham Pat. infringment
cannon50

Posts: 24
Registered: Oct 2004

iconnumber posted 03-27-2005 11:26 AM     Click Here to See the Profile for cannon50     Edit/Delete Message   Reply w/Quote

[26-0297]

This is something that I have not encountered before. I bought a few spoons at auction that, thankfully, were described as silverplated Lancaster. The picture was identical to the Gorham spoons so I placed a small bid on the hope they were actually sterling. The seller did hint of an uncertainty in the matter. Now I know they are silver plated and one appears to be very old with plate wear at the usual areas and significant wear at the bowl tip. The mark on back is for E.E.E.Smith Silver Co. and the pattern is York Rose with a pat. 1910 according to a description at Sam's Vintage Place. The patterns seem identical in every way. Has anyone else had a problem like this? Lastly, if this a case of pat. infringement what should I ethically do with the spoons I have?

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Scott Martin
Forum Master

Posts: 11202
Registered: Apr 93

iconnumber posted 03-27-2005 11:53 AM     Click Here to See the Profile for Scott Martin     Edit/Delete Message   Reply w/Quote
Left = Gorham
Right = E.H.H. Smith

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cannon50

Posts: 24
Registered: Oct 2004

iconnumber posted 03-27-2005 12:08 PM     Click Here to See the Profile for cannon50     Edit/Delete Message   Reply w/Quote
Thanks for your reply. There seems to be a significant difference in your pictures but it may be due to wear in the piece on the right. Three of my pieces of Smith spoons are like new and are strikingly similar when placed next to my Gorham spoon. I am comparing a 7 inch spoon Smith to a 5 inch Gorham that has a little wear and maybe a small difference in design elements.

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cannon50

Posts: 24
Registered: Oct 2004

iconnumber posted 03-27-2005 12:52 PM     Click Here to See the Profile for cannon50     Edit/Delete Message   Reply w/Quote
I tried a photo of my spoons. The spoon on the right is the Smith. Replacements has a photo also under the National Silver patterns as York Rose.

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ahwt

Posts: 2022
Registered: Mar 2003

iconnumber posted 03-27-2005 07:21 PM     Click Here to See the Profile for ahwt     Edit/Delete Message   Reply w/Quote
Design patents, at most, have had a life of 14 years so any patents would have expired long ago. At this point it would be difficult to discover if any discussions occurred between the two silver companies involved, unless litigation was initiated.
It is interesting how many designs stimulated others to make similar designs. The following threads discuss this issue.
Gorham Co. v. White -- "The Cottage infringment"
v. "Union"

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dragonflywink

Posts: 953
Registered: Dec 2002

iconnumber posted 03-27-2005 07:46 PM     Click Here to See the Profile for dragonflywink     Edit/Delete Message   Reply w/Quote
Find it sort of interesting that Smith called it "York" Rose, someone must have been paying attention in history class.

Cheryl ;o)

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