Thursday 10 December 2015

A Dodgy Turpin? - Surely Not

In 2014 Daniel Alexander QC heard an appeal concerning a dispute involving trade marks.  Two companies operating in the food wholesaling sector had been at loggerheads over the use of very similar corporate I.D. logos.  The fact that one of the companies was run by the uncle of the other’s owner only seemed to make the conflict all the more bitter.  In denying the appeal, Mr Alexander cited a ‘common ancestor’ precedent, ‘the most well-known example of this being the 1861 case of Dent v Turpin.  Edward Dent had two clock shops in London and had bequeathed one each to his two stepsons.  Both traded legitimately as ‘Dent’, and it is clear that neither could have brought an action to stop the other.  Either or both was entitled to bring an action to stop a third party, Mr Turpin, from using the Dent name.  The Times on 24 April 1861 reported:

The defendants, Henry and George Turpin, were watchmakers at 62 Banner-street, St. Luke’s, Middlesex, and had been in the habit of placing the words “Dent, London,” upon watches manufactured by them.  These watches were sold by Turpin Brothers to the other defendants, who carried on business as general export merchants, and had exported several of the watches to the Cape of Good Hope. 

The Dent name was a byword for quality and integrity and embraced a watchmaking dynasty which excelled throughout the nineteenth century.  For the first 54 years, the main business, founded by Edward, was managed by himself and members of his family.  Subsequently trading under various ownerships – and until the 1920s as two enterprises: ‘E. Dent’ and ‘M.F. Dent’ - the business has maintained a continuous commercial presence through to the present day.  A comprehensive summary of the company’s history is set out at http://www.dentlondon.com/about/history.php  

Notice of the injunction, (in this instance on behalf of the M.F. ‘branch’ of the business), was published in The Times, for example on 19 July 1861:
 
DENT’s CHRONOMETERS, Watches, and Clocks – Caution – Her Majesty’s High Court of Chancery, on the 11th of July, 1861, granted a perpetual INJUNCTION, restraining Henry William Turpin, George Hathaway Turpin and Adolphe Mosenthal respectively, from manufacturing any watches marked with the name of “Dent,” and from selling or exporting, or causing to be sold or exported for sale, any watches made and marked with the name of “Dent” by them or by their order or direction.  Manufacturers and others are hereby cautioned against using the name or trade mark of “Dent.”
TUCKER and NEW, 25 Clement’s-lane, city, Solicitors for M.F. Dent, 33 and 34 Cockspur-street, Charing-cross, London.

With the Dent v Turpin action in mind, let’s consider why the Dent name would be one the defendants thought worth ‘borrowing’ in order to enhance the value of their products.  Dent began working as an apprentice to his cousin, Richard Rippon.  The early years of his career were especially important in establishing his credentials in the top quality sector of the Trade – he worked for two of the best: Vulliamy & Son and Barraud & Son, and with both he was a specialist in complications and chronometer movements.  This built a reputation good enough to induce the highly regarded John Arnold to take Dent into partnership.  Thus, from 1830, as half of Arnold & Dent, Edward was associated with the very best quality chronometers being made in England – and, therefore, the world.  The key elements of Dent’s prestige standing in the early Victorian era are summarised in the table below:
 
The Turpin business was begun by Benjamin around 1817 at 62 Banner Street, which runs parallel with and just south of Old Street in the St Luke’s area of London.  Benjamin was born circa 1791, within a year or two of Edward Dent.  Although Benjamin’s country of origin is unknown, it is notable that his sons sought Naturalisation in 1854, in the process of which their Jewish faith was recorded. 
 
Benjamin’s output does not seem to have been noteworthy and I have been unable to find any extant examples.  He died in 1842, and his widow, Susannah, carried on the business to 1849.  His sons, George (1826-76) and Henry (1827-85) then took over, trading as Turpin Bros.  The Business was listed at Banner Street through to the 1880s, for example in the category, ‘Watch Manufacturers to the Trade’, in Collinson’s Directory of 1861.  Britten’s notes that they exported full plate watches, including a model called ‘Railway Timekeeper’, to America.  This ‘type’ is generic – it was applied to relatively cheap/simple timepieces, often of Swiss/Austrian origin.  Bearing in mind the Dent injunction, it’s fair to say that Turpin Bros could be seen as again indulging in a spot of deception because, as with most of these ‘Railway Timekeepers,’ there was an implied superior standard of accuracy, (associated with the idea that the railways then were very well and punctually operated), which the movement was not in fact good enough to deliver. 
This is a gold hunter – date unknown – by Turpin Brothers:
 
 
And this open face lever, #13029, dates from 1874:
 
 
Neither, I’m afraid bears comparison with a Dent watch!  No wonder the Dent companies were keen to ensure that their name didn’t appear on such mediocre timepieces.

11 comments:

  1. Can you give your source for the application for Naturalization by the Turpin brothers in 1854 as I am a descendant of the extended family and would like to find out more.

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  2. Thanks for your interest. I researched this post in 2015 and cannot now recall all the fine detail. I'd be happy to send you an image of my relevant notes if you'd care to let me have your e-mail address, (but unfortunately these do not show the source for the naturalisation point.) Regards. David

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  3. How can I directly message you so I don't share my email address with others?

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  4. Dear Sylvia - you could DM me on Instagram - #davidbuckden. Meanwhile here are some other Turpin references for you: https://www.cogsandpieces.com/pocket-watch-1580-turpin/ and https://www.oldbaileyonline.org/browse.jsp?name=18310106

    I'm sorry I can't find the naturalisation source at present - I will keep looking for you. Regards. David

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  5. Thank you. I'll follow that up. My interest really stems from the fact that my father was a descendant of Benjamin Turpin. The eldest son was also called Benjamin and he was the older brother of George and Henry. My source was the Nonconformist register of baptisms and they were baptised in the Wesleyan Chapel, City Road. The naturalisation application may have referred to the Mosenthals?

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  6. Hello Sylvia and David
    I am also a descendent of Benjamin Turpin and am wondering about the naturalisation especially given the children of Benjamin and Susannah were baptised as a group into the methodist church in 1818. What happened in 1854 was that George Hathaway and Henry, along with two other watchmakers, Benjamin Symons and Samuel Samuels and a wholesale clothier, Samuel Levy, testified to the good character of Bernard and Lewis Isaacs and signed affidavits to this effect for the two men’s naturalisation. I have the papers associated with this and happy to pass on.
    Margaret

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  7. Thanks Margaret - I appreciate your interest and the information you're providing. I have confirmed from my notes that I had (in 2015) found documentary evidence of the Turpins' naturalisation, but subsequently mislaid the reference details. I'm currently looking for these as I would like to be able to provide a better answer for Sylvia. Oddly enough, having not seen anything of much significance for a while, only yesterday I came across a mention of Benjamin as I research another watchmaker, Johann Ulrich. Regards. David

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  8. I am in the process of re-organising all my notes, too, so I can package anything up for you or Sylvia. Benjamin Turpin is my great great grandfather. His daughter Maria Agnes married yet another watchmaker John Nelson Truss who went bankrupt. They emigrated in 1852 to Melbourne Australia where I live.

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  9. Thanks again Margaret. Benjamin and his sons seem to achieved commercial success, something not particularly common in the nineteenth century English watchmaking trade. Indeed, it's not surprising - if regrettable - that John Truss became bankrupt, (as did so many horologists of the era). Regards. David

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  10. A marriage certificate for Benjamin Turpin(grandson of Benjamin Turpin of Banner Street) indicates that both he and his father are working as watch finishers. On a later certificate he calls himself a master watch finisher and then a watchmaker finisher. I'm assuming they are buying in the parts and putting them together.

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  11. Dear Sylvia: To be suitably concise for this sort of comment format, I'll quote Leonard Weiss: (himself here quoting from a mid-eighteenth century description of the watchmaking process) '. . . Finisher, who puts the whole Machine together, having first had the Brass-Wheels gilded by the Gilder, and adjusts it to proper time.' And this quotation from Carte, 1708, is especially germane: ' . . . I have known several journeymen who could make a good movement but wanted skill to make it go well, thereby fulfilling the Proverbial saying in England among master workmen: "A man must be seven years to learn to make a movement, and as many more in learning to finish it well." From this you'll gather than the Finishing role should not be thought of as just a low-skilled assembling one. Regards, David.

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