Gramophone Co. Ltd v. Magazine Holder Co.

Lord Chancellor (Loreburn) — The question in this case is whether the defendants have infringed a registered design of the plaintiffs. There is a “cabinet,” as it is called. It is in fact an oblong box, a little higher than square, standing upon four short legs. A few inches from the top the outline departs from the rectangular and curves a little inward, for ornamentation, I suppose. The top opens like a lid. The front opens by two sets of folding doors. Inside the space is divided by a horizontal shelf into two compartments, and in each of these compartments there are upright pieces dividing the compartments into three parts, just like pigeonholes in a desk. The plaintiffs have registered this box or cabinet for its shape and configuration, and bring this action because the defendants have made another cabinet, also oblong, also on wooden legs, also with the top opening like a lid, and with the front opening by doors, and disclosing inside a shelf and pigeon-hole arrangement somewhat similar. Now if a Court is not precluded from applying a little common sense, the first question which occurs to me is this—How can it be said that the shape or configuration of this cabinet is new and original so as to come within the Act? To this the plaintiffs' counsel answers, firmly but politely, that it is really no concern of ours, because the defendants (who, by the…