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Coin Ma'chine ' Review
••••••••••••••• OCTO'BER , 1943 •••••••••••••••
The COIN MACHINE REVIEW for October, 1943. Vol. II. No.4. Published monthly at 1115 Venice Bl vd., Los Angeles 15, Calif. Fitzroy 8269. Paul W.
Blackford, editor and publisher. NEW YORK OFFICE (17): Ralph P. Mulligan, 441 Lexington Ave., Murray Hill 2·5589. CHICAGO OFFICE (Il; C. J. Ander·
son, 35 East Wacker Drive, CENtral 111 2. Entered as Second Class Matter July 23, 1936, at the Post O ffice at Los Angeles, Calif., under the Act of March 3,
1879. SUBSCRIPTION RATES: $1.00 per year or $2.00 for 3 years. 25c per copy.
Rules On "Coke"
SEATTLE- Use of the word " Coke" or
"Koke" as applied to a soft drink belongs
exclusively to The Co ca· Cola Co., Federal
Judge Lloyd C. Black has rul ed in the Dis·
trict Court of the Western District of
Washington in enjoining A. H. Rutherford
from makin g or distributing a soft drink
called "XXX Koke" and from using th e
word " Koke" or "Coke" in connection with
a ny soft drink.
Judge Black's decision was handed down
as a consent decree in a suit brought by
The Coca· Cola Co. charging that Ruther·
ford's use of " Koke" mi srepresented his
product and enabled dealers to pass it off
as " Coca· Cola."
Judge Black held th at as a ppli ed to a
soft drink " Koke" (Coke) means only
"Coca· Cola" ; that the plaintiff is entitled
to th e exclusive use of " Koke" (Coke) the
a bbreviation of its trade mark "Coca· Cola" ;
and that Rutherford must deliver to th e
court for destruction all advertising rna·
te rial ("ontaining the word " Koke" and
surrender for cancellation any ce rtificates.
of registration of " XX.X KQke."
Corres pondin g
decrees
concernin g
" Koke" or " Cok e" have been issued from
F ederal District Courts in Ohio, Pennsyl·
va ni a, New Yo rk, Mi chi gan and California,
all givin g expression to a similar ruling or·
igin ally made by th e United States Suo
preme Court on Decemb er 6, 1920, throu gh
the late Justice Oliver Wendell Holmes in
the case of The Coca·Cola Co. vs. Th e
Koke Co. of America.
Austin
Tax Set
AUSTIN, Tex.- Bas in g its schedul e of
taxes at on e·half of the state taxes, the city
of Austin has advised operators that taxes
for the last quarter of 1943 must be paid
eve n though the fi xed schedul e is for annual
taxes due on th e first day of each year.
Returns for the last quarter must be made
at one·fourth of th e yearly tax.
As the ordinance now stands merchan·
di se vending machin es a nd automati c pho·
nographs operating on fi ve cents a re taxed
$1.25 per year. Those operating at ten
cents or more are taxabl e at $10 per year.
Skill and amuse ment devi ces operatin g
on fiv e cents draw a tax of $15 per yea r
and those requiring ten cents or more have
a $30 tax to pay.
Last qu arter tax es will thusly be 31 cents,
$2.50, $3.75 and $7.50, res pectively.
OPA Moving Slowly On Coin
Machine Industry Ceiling Prices
WASHINGTON- In accordance with established practice, the Office of
Price Administration, by its very actions, has let it be known that it is not
particularly worried about price ceilings insofar as the Coin Machine Indus·
try is concerned at the moment and this Industry will await its turn in having
an Advisory Committee organized to function with OPA in worki'ng out
regulatory details.
Industry Hearing Set
LOS ANGELES-Curley Robinson, man·
aging director of the Associated Operators
of Los Angel es County ; Arthur Mohr, at·
torney for th e same group, and Ray Adams,
managing director of th e Southern Cali·
forni a Tavern Association, left here in
early Octob er for Washington , D. c., where
they, alon g with Industry leaders and repre·
sentatives from all parts of th e nation, are
scheduled to appear before the House Ways
and Means Committee on October 14th.
Appearance of the group is for the pur·
pose of sec uring a fa ir adjustment on taxes
imposed upon various typ es of coin·con·
troll ed equipment. Said Robinson , " We will
appear before the Committee and will do
our utmost to try a nd secure relief on the
tax situation. Irrespective of th e various
opinions th at have bee n expressed that
'nothin g can be don e', it go es without say·
ing that it is worth a ' try' , and with the op·
timism I have in handling matters for
members of AOLAC , we want you to know
that we are going to do anytbin g and every·
thing to all evi ate th e burden of the F ederal
tax situa tion as it is today, always bearing
in mind , how ever , the tbougbt that in
securing relief for our industry, we will in
no way jeopardize our business."
Precious Tubes Released
WASHINGTON, D. C.- Good news for
tb e Coin Macbine Industry came from th e
War Production Board here on October 8th
wh en 576,613 tubes, suitable for use in vari.
ous types of coin·operated equipment in·
cluding phono graphs, target gun s and the
like, were released for civilian use. Lot was
part of a stock built up for export.
Through th e establishment of Special
Committees in va rious fi elds OPA has ob·
tain ed a sound workin g relationship with
busin ess and has bee n abl e to utilize th e
experiences and opinions of Industry memo
bers in establishin g regulation s covering a
given Industry. To date 172 such Com·
mittees have been orga nized to work with
OPA and fi ve new on es coverin g various
fields of merchandising and di stribution are
now bein g form ed.
In th e past th ese Committees have been
form ed when a particular Industry peti·
tioned OP A for revi sed rulin gs and reg ula·
tion s. Thereafter a Committee was form ed,
officers elected, sub·committees form ed, and
studies ma de of pressin g probl ems to be
used as a guide a nd yardstick by OPA of·
. fi cials. In each case the Committee be·
comes an official pa rt of the OP A organiza·
tion. Just how such a Committee will be
formed for th e Coin Machine Industry will
present a probl em to OP A for there is no
nation al organization in existence whi ch
can prope rly represent this Indu stry. Co n·
sequently it will be necessary to draw
fil e and organize a Committee.
Important meetin gs are bein g held by
promine nt individu als from th e rank and
OP A Co mmittees to di scuss pri ce co ntrol,
and a meetin g has bee n schedul ed for New
York October 19th and 20th. In addition , a
group of Co in Machin e Men have a n·
nounced a meetin g to be held in New
York November 14th to di scuss MP RA29
Meanwhil e th e trade remains in a fo g as
to who will be classified as a whol esaler
and who will be ra ted a retailer as de fin ed
in th e ori/!:inal oFder. Whil e some jobbing
and di stributin g organization s have sus·
pended sal es activities until definite rulin /!:s
are obta in ed, others are sellin g in accord·
an ce with th e ori ginal order and oth ers are
- - - - - - - - - T U R N PAGE
THE REVIEW HAS NEVER MISSED AN ISSUE IN THE PAST TEN YEARS!!
NO OTHER COIN MACHINE MONTHLY CAN MAKE THAT STATEMENT!!
COIN
MACHINE
REVIEW
3
FOR
OCTOBER
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