The talking machine world (Jan-June 1919)

July 15, 1919 THE TALKING MACHINE WORLD 131 VICTOR CO. OBTAINS INJUNCTION AGAINST INFRINGER U. S. District Judge Issues Injunction Against Charles E. Garvin and Associates Restraining Them From Manufacturing or Selling Talking Machines Infringing Victor Patents Chicago, III., June 30. — The Victor Talking Machine Co. came out victorious in a legal battle which culminated to-day. The principals were the Victor Co. vs. Charles E. Garvin et al. To the Judges of the U. S. District Court of northern Illinois the Victor Co. petitioners showed that ill January, 1918, they had filed their complaint bill for infringement of Letters Patent Nos. 814786, 814848, and 947227, and that action for preliminary injunction was made on the affidavit served and filed under an order to show cause, but prior to the hearing of said motion the defendants filed a joint answer disclaiming infringement as alleged in the bill. At the next hearing in February a final decree was entered adjudging the letters patents good and thereby an infringement of No. 914786 as to claims 2, 3. 6, 18, 21, 30, 37, 41 and 42, also No. 814848 as to claims 7, 9, 10 and 11 and No. 947 as to claims 29, 31 32 and 37, and directing a writ of perpetual injunction for the reason that no appeal had been taken and that the time for appealing had expired. On March 8, 1918, the perpetual injunction was issued and served on the defendants by the Deputy Marshal with summons. It was alleged that C. E. Garvin, president and treasurer; August Hurt, vice-president, and Josephine Garvin, secretary, all of the GarvinBrown Talking Machine Co., of Chicago, had manufactured, sold and continued to manufacture and sell during the proceeding, talking macb.ines, amplifying horns and sound-reproducing devices, embodying and containing the inventions specified in the above-mentioned claims, and more specifically exemplified in the plaintifif's exhibit of the defendant's "Blackstone" produced in the court. After a two days' hearing, during which the affidavits of a large number of prominent men in the trade were heard, Judge Anderson issued the following order, which became effective and in force immediately: "First: The talking machines exemplified in the plaintiff's exhibit, defendant's Blackstone machine and manufactured by Charles E. Garvin, Garvin-Brown Co., Josephine Garvin and August Hurt are within the injunction heretofore issued herein against Charles E. Garvin, and that a writ of attachment for contempt issued forthwith against said Charles E. Garvin, GarvinBrown Co., Josephine Garvin and the said August Hurt. "Second: That an injunction be issued forthwith against Charles E. Garvin, Garvin-Brown Co., Josephine Garvin and August Hurt, and each of them, and each of their agents, attorneys, clerks, servants, employes, workmen and all holdings through or under them from further manufacture or causing to be manufactured, selling or offering for sale, using or causing to be used, talking machines identical with or like or similar to plaintiff's exhibit, defendant's Blackstone machine, or similarly made in imitation of plain Let Us Make Your Cabinets And Install Your Motors I We know how to build Cabinets, and to construct the horn that will produce a loud tone, yet it conies from the bell of the horn perfectly soft and mellow. Hook the selling force into our Secret of Cabinet building and watch both ends grow. Write us iiour rvanls al once, PARAGON MFG. CO., Inc. HICKORY, N. C. tiff's talking machine and for dissipating or parting with their assets until the further order of the court. "Third: That this cause be referred to Charles M. Morrison, as master, to ascertain and report to the court the character and extent and circumstances of the violation of the injunction herein by the said Charles E. Garvin, by the said Garvin-Brown Co., by the said Josephine Garvin and by the said August Hurt, with authority to examine said Charles E. Garvin and said Garvin-Brown Co. and . said Josephine Garvin and said August Hart and each of them, and each of their officers, agents and employes, and to cause the production of their books for the above or any other purposes and the books of each of them to ascertain and report to the court the names of all purchasers of talking machines sold in violation of said injunction by the said Charles E. Garvin, by the said GarvinBrown Co., and by the said Josephine Garvin and by the said August Hurt, with the addresses of said purchasers, the quantity and the dates of sale and of shipment and the prices received on each sale by the said Charles E. Garvin, defendant, the said Garvin-Brown Co., or the said Josephine Garvin, or the said August Hurt, and to ascertain and report to the court the total profits made by the said Charles E. Garvin, Garvin-Brown Co., Josephine Garvin, and by the said August Hurt, from the manufacture and sale of talking machines within the injunction since the 12th day of March, 1918, down to and including the last sale thereof, and the total damage of every kind and description caused the plaintiff thereby, and to ascertain and report the total expenditure made by, or for or on account of plaintiff in ferreting out and following up the said violation of injunction and in bringing the facts to the attention of the court in and b> this proceeding and to and including the end hereof, and also the total expenditure of plaintiff in and for the main case. (Signed) "Albert B. Anderson, Judge." 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