The talking machine world (Jan-Dec 1906)

THE TALKING MACHINE WORLD. 43 FINAL DECREE IN KEEN CO. CASE. Entered in Favor of the Victor Talking Machine Co. Last Week — Some of the Points Involved in This Interesting Suit. (Special to The Tsilking Machine Woi-ld.) Philadelphia, Pa., Nov. 7, 1906. The suit of the Victor Talking Machine Co., Camden, N. J., against the Keen Co.. Victor distributers of this city, has attracted attention in the trade from the special nature of the controversy, which involved a phase of selling goods contrary to the protected price principle. The Victor Co. filed their tall of complaint June 21, 1906, and on the 28th following a motion was argued for a preliminary injunction before Judge McPherson, of the United States Circuit Court, Eastern District of Pennsylvania. The complainant alleged that the Keen Co. infringed claims 5 and 35 of their Berliner patent No. 534. .543. The defendant contended that because patent No. 548,623 had been decided by Judge Hazel, United States Circuit Court, Southern District of New York, to be restricted to the particular material of which the record was composed, which defendant did not use, that, therefore, the complainants had no right to. claim restrictions upon the sale of records. The enjoining order was issued, and subsequently an appeal was taken to the United States Circuit Court of Appeals, Third Circuit, argument being heard October 22. Later the Keen Co. withdrew the appeal, and Judge McPherson thereupon made the injunction permanent, entering the subjoined decree on November 5: "Ordered, adjudged and decreed, that the letters patent in suit, No. 534,543, issued February 19, 1895, to Emile Berliner for improvement in gramophone, are good and valid in law, and that the complainants herein, the Victor Talking Ma. chine Co. and the United States Gramophone Co., are and have been the true, lawful and exelusive owners and licensees, respectively, of the said letters patent No. 534,543 at and since the times set forth in the said bill of complaint as alleged in the said bill of complaint, and of all rights and profits granted and secured thereby, together with all rights of action existing ty reason of infringement of the said letters patent; that the said defendant herein, the Keen Co., have infringed upon said letters patent by selling or causing to be sold, complainants' sound records patented under the said patent No. 534,543, forming an essential element and part of claim 35 oj tne said patent, foi use in accordance with the method claimed in claim 5, in violation of the terms and conditions of the license under which the said sound records manufactured by the complainants were licensed to be sold and used, and in violation of the reserved rights of the complainants in the said sound records, particularly by selling the said sound records to the public at a less price than the price at which the said sound records were licensed by the com.plainants to be sold or used, as set forth in the notice of license attached to each of the said infringing sound records, and as set forth and alleged in the bill of complaint. "It is further ordered adjudged and decreed that a writ of injunction issue in this cause perpetually restraining the defendant, the Keen Co., its associates, attorneys, servants, agents and workmen, and each and every of them, from directly or indirectly, selling or causing to be sold or offering for sale, or advertising for sale, or in any way disposing of talking machine sound records of complainants' manufacture forming a part of claim 35 of said letters Patent No. 534,543, in suit, and constructed to be used as a part of the combination thereof, which claim reads as follows, namely: '35. In a sound reproducing apparatus consisting of a traveling tablet having a' sound record formed thereon and a reproducing stylus shaped for engagement with said record and free to be vibrated and propelled by the same, substantially as described.' "And from selling or causing to be sold, or offering for sale, or advertising for sale, or in any way disposing eg talking mar 'chine records of complainants' manufacture which are intended for use, or intended to to used with apparatus or devices which embody the method of claim 5 of said letters patent, which claim reads as follows, namely: '5. The method of reproducing sounds from a record of the same which consists in vibrating a stylus and propelling the same along the record by and in accordance with the said record, substantially as described.' Or which are intended to be operated in accordance with said method claim E, at a less price than the price at which the same have teen licensed, are licensed, or shall be licensed by the complainants, in violation of 1he reserved rights of the complainants, or in violation of any of the terms or conditions under which the said records are, or have been, or shall be, sold by the complainants, or in violation of any rights of the complainants whatsoever in the premises." MUSICAL COPYRIGHT LEAGUE. Organized With Paul H. Cromelin as President — To Take Action on Pending Bill. THE SYRACUSE MULTO-RECORD RACK A practical combination of "The Heise System" of Wiie Record Racks combined with the Rapke Label System and neat pasteboard trays. Most desirable wliere dealer desires to carry several records of one kind. Neat, compact, strong, durable. Admits of being fastened to wall, or back to back, or in any way designed to insure greatest economy in space. This Size, Holding 240 Ct P Trays, 3 Records to Tray Get Circular explaining details. SYRACUSE WIRE WORKS SYRACUSE, N. Y. On October 15 the American Musical Copyright League was organized at the Hotel Astor, New York, with Paul H. Cromelin, vice-president of the Columbia Phonograph Co., general, temporary president. The only other representative present from the talking machine trade was E. F. Leeds, president of the Leeds & Catlin Co., New York. At a subsequent meeting, on the 22d ult., the organization was perfected, Mr. Cromelin being duly elected president and Mr. Leeds a member of the executive committee. The league is a combination of talking machine and perforated music roll interests. Active stei)s will be taken to induce the Patents Comniitteas, by whom the new copyright bill is being considered, to incorporate in the measure a clause exempting automatic reproductions of all kinds from its provisions. A third meeting was held at the sanae place November 5, when addresses were made by several lawyers who had made arguments before the joint sessions of the Patents Committees of the Senat3 and House in June opposing the measure. GET MUSIC BY TELEPHONE. Directors of Company Backing New Electrical Contrivance Hear It Work. Following years of experiment by Dr. Cahill, the dynamophone, or, as some call it, the electrophonograph, took its initial step toward commercial practicability at Martin's the evening of November 9, when the members of the New York Electric Music Co. were entertained during a banquet by selections transmitted from the niachine in the company's office, at Broadway and 39th street. Apparatus for receiving the music consists of a phonograph horn attached to the telephone receiver. Musical sounds are electrically produced from a plant of two hundred dynamos, the operator playing on a complicated keyboard. There will be a concert each evening, and subscribers will be treated to classical music played by experts. The company plans to enlarge its plant in the future, so as to afford a variety of concerts, operatic, popular, religious and classical, with any of which the subscriber can be connected according to his taste. The tone qualities of the different orchestral instruments are splendidly simulated. ADDRESSES BY J. W. BINDSR. J. W. Binder, manager of the Columbia commercial department, addressed the class'es in salesmanship in the Y. M. C. A. rooms of Brooklyn, on Thursday evening, Oct. 11; on Friday evening, Oct. 12, he spoke before classes in salesmanship at the Twenty-third Street Y. M. C. A., and on Saturday evening at Newark, N. J. The subject of these talks was salesmanship in general with special application to the selling of commercial graphophones. The J. Raymond Smith Co., of 212G Sutter street, San Francisco, Cat. have a very excellent talking machine department which is proving quite successful. The Pennsylvania Railroad Co. are arranging to place powerful talking machines in their various stations for the purpose of announcing the arrival and departure of their trains. The Ball-Fintze Co., Newark, O., recently made affidavit that they had in stock over 103,000 records. During the winter this concern will carry over 300,000. The Western Talking Machine Co. have removed to 41-43 North Ninth street from 12S South Ninth street, Philadelphia, Pa., where larger quarters and better facilities are secured.