The talking machine world (Jan-Dec 1914)

THE TALKING MACHINE WORLD. 11 1913 was a great year for Columbia Double-Disc Records— the greatest we ever had. 1914 will be twice as great. That much we can already see coming. Watch it. But watch it from the inside looking out, not from the outside looking in. (Write for "Music Money," a book "full of meat" for those dealers interested in quick and frequent turnover of capital.) Columbia Graphophone Company Woolworth Building, New York SOME NEWSPAPER MISSTATEMENTS SET RIGHT. Recent Report of Suit of American Graphophone Co. Against the Parlograph Co. Led to Some Statements Being Made That Are Misleading — Statement from the Counsel of the American Graphophone Co. Is Important and Informative in This Connection. The talking machine industry was greatly interested in the published account of a dictating machine lawsuit which appeared in the 'New York Sun recently, wherein the American Graphophone Co., manufacturer of the Dictaphone, asked for an injunction against the American Parlograph Co., manufacturer of the "Parlograph," another dictating machine of foreign manufacture. This injunction was denied, as the American Graphophone Co. had expected, but in publishing the account of the trial the Sun apparently made some deductions which were not based on the facts at issue. The headings of the story, prominently displayed in usual newspaper style, in bold-face capital letters, read : "Bars to foreign phonographs down — Dictaphone makers lose suit to keep out German 'Parlograph' — Edison patents expired — Open field for devices and records is expected to cut prices/' The remainder of the article under the above startling headings read: Through the denial by District Court Justice Holt, an application by the American Graphophone Co., manufacturers of the dictaphone, for an injunction to restrain the importation and sale of a German machine known as the parlograph on the ground of patent infringements, it became known that the American field is now open to foreign talking machines. The decision is said to form the opening wedge for the importation of all foreign talking machines and records, and means an eventual cut in the price of both business and musical phonographs. The decision is said to be the first in which the American manufacturers have failed to keep foreign machines out. The defendant was the American Parlograph Co., of 2 Rector street, American agents for the Carl Lindstrom Co. of Berlin, who were warned before the suit that the parlograph was an infringement. The defendant referred the matter to its attorneys, Cabell & Gilpin, of 11 Wall street, and made contract to sell 1,000 machines. Then the suit was brought. The American Graphophone Co., through its attorneys. Mauro, Careron, Lewis & Massie, alleged that the defendant's machine infringed on a patent of Thomas H. Macdonald, of Bridgeport, Conn., and upon patents of John H. J. Haines and Elam Gilbert. In the argument the plaintiff relied solely upon the Macdonald patent. Shelton F. Cameron, a patent lawyer, of counsel for the plaintiff, said in an affidavit that he has made a specialty of the art of producing sounds, and that he found in the parlograph every feature claimed bv the Macdonald patent. Edward D. Easton, president of the American Graphophone Co., and the Columbia Graphophone Co., said that for years prior to 1896 his company was in litigation with the Edison companies. In 1896 this was settled and contracts entered into which are still in force, under which each agreed to keep to its type of machine. The answer of the defendant said that the alleged invention was used by Edison and many others before it was patented by Macdonald, and that the letters patent didn't describe an invention but a "mechanical expedient." The defendant also alleges that the contract between the American Graphophone Co. and the Edison Phonograph Co. is in violation of the Sherman anti-trust law. Philip Mason Cabell, president of the defendant company, said that it is a matter of common knowledge that the graphophone was invented by Edison in 1880, and that his patents have long since expired. He said that other machines merely differ from the Edison machine in mechanical structure, and that so far as the principle is concerned America is an open market. Judge Holt denied the application for the injunction without writing an opinion. When seen by a representative of The Talking Machine World, C. A. L. Massie, of the firm of Mauro, Cameron, Lewis & Massie, counsel to the American Graphophone Co., stated that the newspaper account was somewhat overdrawn, and dictated the following statement in order that the trade might .be properly informed regarding the true status of the points of law at issue : "Bars to Foreign Phonographs Not Down." "The American field has not yet been opened for invasion by foreign talking machines. The American Graphophone Co. has recently brought suit against a German dictation machine known as the 'Parlograph,' as an infringement of no less than five different United States patents. This suit has nothing to do with disc machines, or with 'records' of any kind, or with musical machines. "The suit will be prosecuted vigorously, in the usual manner; and is expected to result in a permanent injunction, and the defendant will have to account to the Graphophone Co. and pay over to the latter its own profits and also the damages resulting from the infringement. Under the law the Graphophone Co. can also proceed against every user of the infringing machines. "With one exception, these five patents have many years to run. The Macdonald 'overhanging mandrel' patent, however, will expire in the coming spring. For that reason, and also because of the long public acquiescence in the validity of that patent, the Graphophone Co. ventured to seek a 'preliminary injunction' in advance of the trial — even though there has been^no 'prior adjudication' in favor of that patent. All five of these patents have hitherto been respected, so that the Graphophone Co. has not heretofore been called on to bring suit to enforce them ; and consequently there has been no 'prior adjudication' concerning any of these particular patents. "Ordinarily, the Federal Courts refuse preliminary injunction upon a patent that has not already been sustained by some prior adjudication. Of course, there was no ground for asking preliminary injunction upon any of the other four patents sued on ; yet the Graphophone Co. had hoped that the court might decide to grant preliminary injunction under the Macdonald patent, which expires so shortly. "However, this case proved no exception to the general rule, United States Judge Holt handing down a memorandum decision which reads: 'I think that the case made on these papers is not so clear and decisive as to justify a preliminary injunction under the practice in patent cases. Motion denied.' "Judge Holt's decision is in line with the usual reluctance of the Federal Courts to grant preliminary injunction before trial, and does not in any wise effect the merits of the controversy or foreshadow the outcome of the suit." HISLOP CO. SECURES EDISON LINE. (Special to The Talking Machine World.) New London, Conn., January 8. — The agency for the Edison disc phonograph has been placed by J. W. Scott, representative of Thomas A. Scott, Inc., with the James Hislop Co., for this city and vicinity. A large initial order was placed. Much interest has been manifested in the Edison disc, owing to the recital given by Mr. Scott in the lobby of the Mohican Hotel last Sunday afternoon. This is the first time that the Hislop company has handled musical instruments, and it is making the public acquainted with its plans in imposing announcements in the local newspapers. SECURE EDISON DISC AGENCY. (Special to The Talking Machine World.) Norwich, Conn., January 8. — The Porteous & Mitchell Co. has secured the exclusive agency for the Edison disc phonograph in this city and vicinity, and a full line of these instruments are now being displayed in the company's handsome new musical department. In connection with the opening some striking advertisements were carried. "The twentieth century was born without a memory — it's so busy with to-day's achievements and to-morrow's projects that no one has time to remember yesterday's exploits." builT likE a watcH artistiC, cleveR, compacT togglE joinT, powerfuL iT doeS noT sheeR iT cutS retainS chipS noW iN thE handS oF youR jobbeR Standard Gramaphone Appliance Co. 173 Lafayette St., New York