The author wishes to thank Christopher Beauchamp, Paul Duguid, Dev Gangjee, Teresa da Silva Lopes, Christopher Price, and the business and patents office, Leeds Central Library. Particular thanks are due to Geoff Tweedale for allowing the author access to Tweedale's Directory before its publication and to Richard Wiltshire for granting access to the Chubb archives at the Guildhall Library, London. Earlier versions of this article were presented to seminars at the University of York and the London School of Economics. Some of the research was financed by a Nuffield Grant, Ref: SGS/33846.

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⁵ Ibid., 147.

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⁹ For exceptions, see Jones, Roger Lloyd and Lewis, Myrddin J., “Personal Capitalism and British Industrial Decline: The Personally Managed Firm and Business Strategy in Sheffield, 1880–1920,” Business History Review 68, no. 3 (1994): 364–411CrossRefGoogle Scholar; Higgins, David M. and Tweedale, Geoffrey, “Asset or Liability? Trade Marks in the Sheffield Cutlery and Tool Trades,” Business History 37, no. 3 (1995): 1–27CrossRefGoogle Scholar.

¹⁰ The Trade Marks Act, 1875 (38 & 39 Vict. Ch. 91).

¹¹ See, for example, Duguid, Paul, “French Connections: The International Propagation of Trademarks in the Nineteenth Century,” Enterprise and Society 10, no. 1 (2009): 3–37CrossRefGoogle Scholar.

¹² Duguid, Paul, Lopes, Teresa da Silva, and Mercer, John, “Reading Registrations: An Overview of 100 Years of Trademark Registrations in France, the United Kingdom, and the United States,” in Trade-Marks, Brands and Competitiveness, ed. Duguid, Paul and Lopes, Teresa da Silva (London, 2010), 9–30Google Scholar. The Trademarks Act, 1875, became operational on January 1, 1876. Only after this date could trademarks be registered.

¹³ Because of overlap between the categories of “food,” “alcohol,” and “chemicals used for medicine and pharmaceuticals,” the latter class may sometimes be included among “non-durable consumer products.” It should also be noted that the trademark classification does not conform to standard industrial codes (SICs). Consequently, some products belonging to paper and stationery, as well as some household products and toiletries, may be classed as non-durable consumer products. See Duguid, Lopes, and Mercer, “Reading Registrations,” 18.

¹⁴ These positions are reversed in later subperiods.

¹⁵ Similar longevity of trademark use can be observed in the textile trademark classes. For example, James Chadwick, sewing thread, twenty years; Schuster, Fulda & Co., cotton yarn and thread, twenty-five years; Thomas Porter, cotton goods, thirty years; John Mulliner, cotton webbing, sixty years; Hutton & Co., cotton goods, ninety years; Christy and Sons, towelling, up to twenty-eight years; I. & W. Taylor, sewing cotton manufacturers, up to forty-seven years.

¹⁶ Duguid, “Developing the Brand”; Higgins and Verma, “The Business of Protection.”

¹⁷ Cox, Rowland, A Manual of Trade-Mark Cases, Comprising Sebastian's Digest of Trade Mark Cases (Boston, 1881), 70, 106, 146–47Google Scholar.

¹⁸ Strutt v. Murton, The Daily News, 20 June 1850, 6. Similar cases include Ferguson v. Parker, Morning Chronicle, 22 Apr. 1842; Ferguson v. Bagnall (1847); Clark v. Clark, Glasgow Herald, 14 Oct. 1857, 6; Higginbotham, Macnee and others v. Nimmo, Manchester Times, 13 Feb. 1858, 6. Statements in the press also warned against infringement: Messrs Nichol and their “The Koh-I-Noor Paletot,” Morning Chronicle, 13 Sept. 1851; statement by Odier, Gros. & Co., Glasgow Herald, 29 May 1857, 2Google Scholar.

¹⁹ See, for example, the following cases taken from Cox, , A Manual of Trade-Mark Cases: Sykes v. Sykes (1824)Google Scholar; Motley v. Downman (1837); Millington v. Fox (1837); Edelstein v. Vick (1853); Shrimpton v. Laight (1854); Edelstein v. Edelstein (1869); Hopkins v. Hitchcock (1863); Bury v. Redford (1864); Beard v. Turner (1865); Standish v. Whitwell (1866); Dixon v. Jackson (1867).

²⁰ Hall v. Burrows, Law Journal Reports, Chancery (L.J.Ch.) 548 (1863).

²¹ Reported in Chubb Collectanea, vol. 1, part 1, Guildhall Library, London (hereafter, Chubb Collectanea). See also Wilson v. Heenon (1833) in Chubb Collectanea.

²² Sheffield Register, 1844, 404. Similarly, William Butcher and Samuel Butcher v. William Horrabin and Samuel Horrabin (1843), Chubb Collectanea vol. 1, part 1; Collins Co. v. Cohen (1858), Morning Chronicle, 13 Jan. 1858, 8.

²³ Later commentary indicated that Rodgers had spent £1,000 per annum for over forty years defending its trademarks. Hardware Trade Journal, 31 Mar. 1886.

²⁴ Charles and Jeremiah Chubb were established as ships' ironmongers in the early nineteenth century. In 1818, Jeremiah Chubb patented the “detector lock,” which rendered the lock inoperable without the correct key. The firm become a limited company in 1882 and was taken over by Racal Electronics in 1984. Numerous accolades are reported in Chubb Collect-anea: vol. 1, part 2; vol. 4, part 1; vol. 5, parts 2 and 6; vol. 10, part 3; and vol.11, part 2.

²⁵ Morning Chronicle, 23 Apr. 1842. See also Carpenter and Tildesley v. Wootton (1847) involving misuse of marks on locks; Chubb Collectanea, vol. 1, part 2. The first action taken by Chubb appears to be 1831. Chubb Collectanea, vol. 1, part 1.

²⁶ Times, 2 June 1865; Chubb Collectanea, vol. 1, part 1; Bill of Complaint, 25 May 1865, Chubb Collectanea, vol. 3, part 4; Chubb v. Solomon (1872); report from Midland Counties Express, 28 Dec. 1872, Chubb Collectanea, vol. 3, part 4.

²⁷ Strictly, actions for infringement only apply to registered trademarks.

²⁸ Kerly, Duncan M., The Law of Trade-Marks, Trade Name and Merchandise Marks (London, 1894), 266Google Scholar.

²⁹ Merchandise Marks Act (1862), 25 and 26Google Scholar Vict., c. 88, s. 1.

³⁰ Complicating matters was the fact that many marks functioned as trademarks but were not registered as such. Moreover, actions for passing-off, or misrepresentation, might be successful where actions for infringement were not. Blanco-White, T. A., Kerly's Law of Trade Marks and Trade Names (London, 1966), 369Google Scholar.

³¹ Ibid., 374–75.

³² Cutler, , On Passing Off, 2Google Scholar. Also, Lever v. Goodwin (1887) (imitation parchment soap wrappers), 4 Report of Patent Cases (hereafter, RPC ), 492; Montgomery v. Thompson, (1889) (beer), 41 Chancery Division (hereafter, Ch.) 35; Paine & Co. v. Daniels & Sons' Breweries (1893) (beer), 2 Ch. 567; Great Tower Street Tea Company v. Langford (1897) (imitation tea packets), 5 RPC 66; Ripley v. Bandey (1897) (washing blue), 14 RPC 591; Payton & Co. v. Snelling, Lampard & Co. (1900) (coffee tins) 17 RPC 628; Faulder v. Rushton Ltd. (1903) (jam), 20 RPC 477.

³³ For example, Reddaway v. Banham (1896) (Camel Hair Belting), 13 RPC 218; Eastman Photographic Materials Company v. John Griffiths Cycle Corporation (1898) (“Kodak” on bicycles), 15 RPC 105; Dunlop Pneumatic Company v. Dunlop Lubricant Company (1899) (“Dunlop” on lubricating oils), 16 RPC 12; The Birmingham Small Arms Company (BSA) was plagued by foreign bicycle manufacturers constructing fake BSA bicycles. BSA 879, BSA Collection, Solihull Heritage and Local Studies Service, Solihull, West Midlands, U.K. Similar problems confronted the West Midlands iron founder Glazebrook & Co. and their dealings with the Sheffield merchants Kittel, Wilisch & Co., 21 May 1887, 23 May 1887, 25 May 1887, DGR/3, Dudley Archive Centre, Dudley, West Midlands, U.K.

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⁴⁹ The British data refer to “complete patent specifications,” not approved patents.

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