“Vice-Chancellor of England’s Court,
“Lincoln’s Inn, 8th August, 1848.
“In Chancery.
“Wedgwood and others against Smith and others.
“Mr. Bethell on behalf of the Plaintiffs, Francis Wedgwood and Robert Brown (who carry on the business of Potters, at Etruria, in the Staffordshire Potteries, under the Firm of ‘Josiah Wedgwood and Sons’), moved for an Injunction against the defendants, William Smith, John Whalley, George Skinner, and Henry Cowap (who also carry on the business of Potters, at Stockton, in the County of Durham, under the firm of ‘William Smith and Company’), to restrain them and every of them, their Agents, Workmen, or Servants, from stamping, or engraving, or marking, or in any way putting or placing on the Ware manufactured by them, the Defendants, the name ‘Wedgwood’ or ‘Wedgewood,’ and from in any manner imitating or counterfeiting such name on the Ware manufactured by the Defendants since the month of December, 1846, or hereafter to be manufactured by the Defendants, with the name ‘Wedgwood’ or ‘Wedgewood,’ stamped, engraved, or otherwise marked or placed thereon. M‘r. Bethell stated that the trade mark ‘Wedgwood’ had been used by the family of the Wedgwoods for centuries; he would not, however, go further into the matter at present, because Mr. Parker appeared for the Defendants, and it might become necessary—with whom, and himself, it had been arranged by consent on Mr. Parker’s application on behalf of the Defendants, for time to answer the Plaintiffs’ Affidavits—that the Motion should stand over until the Second Seal in Michaelmas Term next; and that in the meantime the Defendants should be restrained as above stated; except that for the words, ‘since the month of December, 1846,’ the words, ‘since the month of July, 1847,’ should be substituted. Mr. J. Parker said he appeared for the Defendants, and consented without prejudice; and on his application for time to answer the Plaintiff’s Affidavits, the Court made an order accordingly.
“On the 9th day of November, being the Second Seal in Michaelmas term, 1848, Mr. E. Younge, as counsel for the above-named Plaintiffs, moved for, and obtained, a perpetual Injunction against the Defendants in the Terms of Mr. Bethell’s Motion, substituting for the words, ‘since the month of December, 1846,’ the words, ‘since the month of July, 1874;’ the Defendants consenting to pay to the Plaintiffs their costs.
“Solicitor for the Plaintiffs,
“Samuel King,
“Furnival’s Inn, Middlesex.”
In 1845, Messrs. George Skinner and John Whalley took out a patent for “certain improvements in the manufacture of earthenware pastes and vitreous bodies, and also a new composition and material for the same, with certain new modes of combination thereof, which improvements, compositions, and combinations are applicable to the manufacture of earthenware pastes, vitreous bodies, slabs, tiles, and pavement, and various other useful and ornamental purposes, and is especially adapted for grave indicators, hydrant indicators, etc., as it is impervious to all weather and unaffected by change of atmosphere.” This consists in “combining chalk or carbonate of lime in union with silica, flint, or silex.” In the specification seven compositions are given, five of which are for ware and the other two for glaze. The compositions for ware are various “combinations of the above substances, and they contain besides, some or all of the following substances, namely, Cornwall stone, china clay, ball clay, felspar, helspar, or sulphate of barytes.” The wares may be tinted with the oxides generally used. Nos. 1 and 2 compositions do not require glazing; Nos. 3, 4, and 5 can be glazed with glazes which either do or do not contain lead. In this patent two glazes without lead are claimed. One of these is made of felspar and chalk, and the other of chalk, silica, flint, or silex, Cornwall stone, china clay, ball clay, and felspar, mixed in certain proportions.