The talking machine world (Jan-Dec 1906)

58 THE TALKING MACHINE WORLD. VICTOR CO. ANNOUNCEMENT Regarding the Recent Decision of the Court of Appeals in the Case of the Victor Tall<ing IVIachine Co. Against the Tall<-o-Phone Co. Under date of October 31, tlie Victor Talking Machine Co., Camden, N. J., write Tlie Tallying Machine World as follows: "We are sending herewith copy of letter sent to our various distributers, also a copy of the announcement as it appears in the coming issue of 'The Voice of the Victor.' As you will note, this letter of announcement refers to the recent decision of the Court of Appeals in the cases of the Victor Talking Machine Co. against the Leeds & Catlin Co. and the Talk-o-Phone Co." The letter is subjoined, to wit: "We desire to advise you that we have received a communication from our counsel, Horace Pettit, Esq., notifying us that the United States Circuit Court of Appeals, of New York, in our suits against the Talk-o-Phone Co. and against the Leeds & Catlin Co., on October 12, 1906, affirmed the decision of the court below granting preliminary injunction against each of the defendants in the above entitled cases, again sustaining our fundamental Berliner patent No. 534,543, for the combination of our disc talking machines and records, and method of operating the same, and restraining the defendants from manufacturing and selling disc records and machines in infringement of the said patent. "You will recall that this patent had been previously sustained in our suit against the American Graphophone Co. by the United States Circuit Court of Appeals, and that the defendants in the present suits made unavailing strenuous efforts to have the patent declared invalid. We expect to at once proceed to enforce our rights by preliminary injunction against all infringers, including all manufacturers of infringing machines and records who have not taken a license from us, and dealers in such infringing goods. We have previously notified you that the Universal Talking Machine Manufacturing Co. and the American Graphophone Co. had each taken out licenses." The announcement referred to in the company's letter above, reads as follows: "The cases of the Victor Talking Machine Co. against the Leeds & Catlin Co. and against the Talk-o-Phone Co., on appeal from the court below granting preliminary injunction, were argued before the United States Circuit Court of Appeals of New York on October 11, 1906. Louis Hicks argued the cases on behalf of the defend ants, while Horace Pettit represented the Victor Co. Upon adjournment, the Court of Appeals went into consultation, and after considering the elaborate briefs filed on both sides. Judge Wallace delivered an opinion at the opening of the court on the morning of October 12, in favor of the Victor Co., affirming the decision of Judge Townsend in the court below, on all points. Counsel on behalf of the Leeds & Catlin Co. and the Talk-o-Phone Co. argued every conceivable defence, but the court, however, decided in favor of the Victor Co., affirming the lower court. In conformity with the decision of the Court of Appeals, of October 12, 1906, a decree has been entered in each of the cases, and preliminary injunction issued in conformity with the order of the Court of Appeals against each of the defendants." Regarding the appearance of the Leeds & Catlin Co. as defendants in the above case, the company have repeatedly informed The World that their connection therewith was indirect entirely. That in the course of a business transaction they had accepted some machines from the Talk-oPhone Co. in settlement of a debt, and were in nowise involved, excepting in this way. Therefore whenever The World has had occasion to report the above litigation as it passed from court to court, this explanation has been duly made in justice to the attitude of the Leeds & Catlin Co. The Duplex Phonograph Co., Kalamazoo, Mich., have increased their capital stock from $30,000 to $100,000. JOHNSTON'S. LTD.. MAXE ASSIGNMENT. Johnston's, Ltd., talking machine dealers, of 191 Yonge street, Toronto, Canada, have assigned to W. L. Martin & Co. The liabilities are $18,000, with assets nominally the same, consisting of stock about $10,000 and book debts $8,000. Tenders for the purchase of the stock are now being advertised for. HEXT CO. HAVE VICTOR AGENCY. The Hext Music Co., Denver, Colo., have taken the Victor agency in addition to those for the Edison and Columbia lines which they previously carried and have arranged their store in such a way that each line is given a separate room for exhibition and testing purposes. ROUSH BUYS OUT E. G. HAYS. The talking machine department of E. G. Hays & Co., Pittsburg, Pa., has been purchased by the Standard Talking Machine Co. Victor, Edison and Columbia lines are handled. ATTENTION Edison and Victor Dealers WE ARE KNOWN all over Pennsylvania as the largest Edison and Victor jobbers in the State;: • WE ARE PIONEERS in the Talking Machine business and among the first to sell both these lines and OUR EXPERIENCE COUNTS in YOUR FAVOR. IN ADDITION to machines and records we sell supplies of all kinds. We particularly call your attention to our fine line of CYLINDER and DISC CABINETS and our SUPER NEEDLES. WRITE FOR PARTICULARS PENN PHONOGRAPH COMPANY 17 South Ninth Street PHILADELPHIA, PA. PRICE LISTS AND CATALOGUES WANTED (Trade) of all novelties in photographic materials, talking machines, records, etc. RAFAEL FAVARO & CO. Calle 25 de Ma\o, 280 Montevideo (Uruguay), S. America NEEDLES "THE NAME TELLS WHAT THEY DO" Best for VOLUME, TONE and LASTING OUALITY. PLAY RIGHT from START to FINISH. PRESERVE RECORDS and can be used on ANY DISK MACHINE OR RECORD. Packed m RCbT PROOF packages of 100. RETAIL, 10c. per 100; 2oc. 800, 75c. 1,000. TRADE MARK " GIVE A MELLOW TONE " REDUCE VOLUME and DON'T SCRATCH. Each needle can be used SIX TIMES. No special attachments needed. Packed in RUST PROOF packages of 300. Price, 25c. Package. NOTE— We furnish Jobbers and Dealers with ADVERTISING MATTER FREE. Big profit. Write for FREE SAMPLES. Manufactured by BLACKMAN TALKING MACHINE CO. 97 Chambers Street, New York S X E WA. you can handle banjos easily and add to your income. Talking macb.ne men will find them big sellers. THE BAUER CO., 1410 North Sixth Street, Philadelphia, Pa. Some Tacts aiortl) Considering HE talking machine man frequently asks, "How can I increase my business?" The answer is easy. Place on a side line which takes but little space, which is attractive, and a standard in its particular line. Take the Black Diamond Strings, for instance. Steel and wound. New process. They are the finest manufactured. They are used by all of the prominent artists, and you will have a trade coming your way when it is known that you handle the "Black Diamond." Music dealers all over America, and all over the world for that matter, know full well the value of this product. Rational musical String go. Hew Brunswick, Xi. 3.