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THE MUSIC TRADE REVIEW
AMERICAN GRAPHOPHONE CO. SUES AEOLIAN CO.
COLUMBIA CO. BRIEFLETS.
Files Two Bills of Complaint Charging Infringement of Six Patents in All—Seeks Injunction
and Accounting—E. R. Perkins, General Manager of Aeolian Co. Makes Reply.
General Manager Cromelin Makes Encouraging
Report on Trade in the West—Columbia
Line in Perth Amboy—Hal Dorian Leaves
for Pacific Coast—New Records by Casals.
The American Graphophone Co. this week issued
the following announcement:
"The American Graphophone Co. on February
20, 1915, filed a bill of complaint in the United
States District Court for the Southern District of
New York, charging that the Aeolian Co.'s talking
machines infringe five patents owned by the Graph-
ophone Co. One of these patents covers the up-
right style of Aeolian machine in its entirety; two
other cover the sound-reproducing mechanism
used in all Aeolian talking machines; the fourth
relates to the tone-modulating devices in the de-
fendant's machines, and the fifth to the needle-box.
"On February '2(>, 1915, the Graphophone Co. filed
in the same court a second bill against the Aeolian,
charging infringement of a sixth patent, which
covers the remaining style of Aeolian talking ma-
chine in its entirety.
"It is understood the Graphophone Co. will in-
stitute additional litigation against the Aeolian Co.
upon certain pending applications that have been
.allowed 'but not yet formally granted by the Pat-
ent Office.
"These bills seek injunction and an accounting for
damages and profits, with costs. The defendant's
answers are due within a short time. The cases
will then be placed on the calendar and take their
regular course, and will probably be reached for
trial after the summer vacation."
basic or fundamental. Any intended implication to
the contrary by the American Graphophone Co. that
one of these patents covers the "upright style of
Aeolian Co. machine in its entirety and another
patent the 'remaining style of Aeolian talking ma-
chine in its entirety,' and any implication that any
of ihese patents cover the 'Graduola' device is,
therefore, grossly misleading.
''Besides purporting to cover only mere details
not embodied in our instruments, it is hardly neces-
sary to state that the Aeolian Co. has long known
of these and all other patents in the art and has
carefully avoided infringing any valid claim in any
patent.
"We have done this first as a matter of principle,
because we respect and uphold rights, whether
patent rights or otherwise. Furthermore, we en-
tered the phonograph field with the fixed intention
and ideal of creating a superior instrument along
new lines. We had no idea of trailing after others
or of resting content with an instrument made
along their lines, and, therefore, only merely as
good as theirs. Naturally this ideal led us into new,
essentially different and non-infringing ways, and
the public acclaim with which our instruments have
been received attests their decided novelty in every
way, including tone, tone-production and tone-con-
trol, even to the cabinets of our instruments and
their finish; in short, attests that we have succe:ded
in making good our ideal.
"We expected, of course, to be attacked by those
already in the field, for advertising and intimidation
purposes, if for no other. But as far as the merits
are concerned, we await with entire confidence the
results of these and any other suits that may be
brought against us.''
"The business outlook in Chicago and the sur-
rounding territory is very gratifying," said John
A. B. Cromelin, general manager of the Columbia
Graphophone Co., who returned to New York late
last week after a visit to the Chicago headquarters
of the company. "Our business is running far
ahead of last year, and our sales totals are^ohly
limited by the capacity of our factories. Although
we have increased our factory production materially
during recent months, we are far behind our or
ders, both in machines and records."
The Columbia Graphophone Co. has closed ar-
rangements with R. Montalvo, Jr., the well-known
talking machine dealer of New Jersey, whereby Mr.
Montalvo will handle a complete line of Columbia
products in his new store at Perth Amboy. Mr.
Montalvo also placed a large order for increased
stock for his store in New Brunswick, N. J., where
he has been handling the Columbia line for some
time with signal success.
Edward N. Burns, vice-president of the Columbia
Graphophone Co., returned to his desk this week
after a month's rest in a near-by winter resort.
Hal Dorian, a son of Marion Dorian, treasurer
of the Columbia Graphophone Co., who was con-
nected with the Columbia Co. a few years ago, left
New York Thursday for the Coast to assist M. D.
Easton in direction of the Columbia exhibit at the
E. R. Perkins' Statement.
Panama-Pacific Exposition. Mr. Easton has sent
In regard to the foregoing suit, F. R. Perkins,
in glowing reports of the success of the exposition
vice-president and general manager of the Aeolian
to date, remarking that the Columbia booth has
Co., has issued the following statement:
been visited by Columbia representatives and music
"The patents on which the Aeolian Co. has been
lovers from all parts of the country.
sued by the American Graphophone Co. are in every
Columbia dealers were advised this week of the
instance mere detail patents, and not in the least
forthcoming production of several records made bv
BUFFALO ASSOCIATION MEETS.
ANOTHER FIRE AT EDISON PLANT. Pablo Casals, the famous 'cellist, who is making i
phenomenal success in his present tour of the
Dealers Place Stamp of Disapproval on Long
Early Morning Blaze Confined to the Building
country. Mr. Casals signed a Columbia recording
List
of
"Dead
Beats"—Plan
to
Hold
Housing the Record Plating Department—
agreement some time ago and his first selections
Luncheon Sessions—New Members Enrolled.
Will Not Hinder Production—Master Rec-
will be included in the April supplement of Colum-
ords Safe.
(Special to The Review.)
bia records to be placed on sale the end of this
BUFFALO, N. Y., March 3.—The regular monthly
The plant of Thomas A. Edison, Inc., was the month. Judging from the interest and enthusiasm
"round-table" meeting of the Buffalo Talking Ma-
being manifested in Scnor Casals' concert perform-
scene of another fire early Monday morning, which
chine Dealers' Association was held at the Hotel
ances, his records will achieve country-wide success.
broke out in the building devoted to the record
Statler last week, with about forty of the members
Columbia products are receiving some very
plating department, and which threatened for a
present, and the principal point of interest was the
forceful publicity in Little Rock, Ark., through the
time to spread to other structures. Prompt action
presentation of the list of local "dead beats" com-
on the part of the West Orange and Orange fire use of co-operative newspaper publicity by several
piled by a committee appointed by the association
of the city's prominent retailers who handle the
departments confined the flames to a section of
for that purpose. The list is made up of those
Columbia line. Among these are the HolFenberg
who make a practice of getting machines and rec- the building in which the fire originated, with a
Music Co. and the Gus Blass Co.
total loss of only a little in excess of $2,000.
ords on approval and then neglect to let the talk-
It was stated by an official of Thomas A. Edi-
When a man has worked thirty-seven minutes
ing machine men see the color of their money.
son,
Inc., that no important equipment or ma- trying to get his stalled automobile engine going
There are a large number of people who have been
chinery was injured by the fire, and that the regu-
again, it pleases him beyond words to have his
"working" the local dealers with great regularity
lar output of records would not be interfered with
better half ask from the back seat, "Do you think
and the trade has become tired of the practice.
in the least. Although a number of valuable mas- you could fix it if you knew what was the matter
Secretary Schwegler was directed to have the
with it, dear?"
list printed and copy sent to every member of the ter records were stored in the building, they were
locked in a concrete vault beyond the reach of
association.
Among the other matters that came up for dis- the flames, and were not damaged.
Mr. Edison was working in the laboratory at
cussion was a plan of holding luncheon parties in
connection with the monthly meetings, for the the early morning hour when the fire occurred,
and took an active part in directing the efforts of
purpose of fostering the "get-together spirit"
those fighting the flames.
among the talking machine men, and plans for
carrying on a successful business campaign during
A LIVE SPRINGFIELD DEALER.
the spring and summer.
(Special to The Review.)
The latest addition to the list of members of the
SpRiNCFiELi), Mo., March 8.—J. W. Knox, of
association was the retail branch of C. Kurtzmann
& Co., of which J. A. Owenhouse is manager. Mr. this city, has a complete up-to-date talking machine
Owenhouse wa.s represented at the meeting by C. store. Mr. Knox handles both the Victor and Co-
lumbia machines, and Miss Denny, who has charge
F. Casper.
of the department, is familiar with the record cata-
For Best Service, write to
Frederick H. Pontz, who conducts talking ma- logs? of both companies.
chine stores in Stamford and Greenwich, Conn.,
has opened a new branch in Norwalk, Conn.
TO ADD TALKINGjVUCHINE LINE.
frofos
LYON & HEALY
J. Stanley Cline of Richfield, 111., has opened
quarters on East Ryder street, handling the full
Columbia line of reco.rds and machines.
B. G. Allison, a jeweler of St. John's, Mich., is
remodeling his store for the purpose of making
room for a line of talking machines.
Largest Distributors
CHICAGO