Music Trade Review

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10
The Music Trade Review
OCTOBER 15, 1927
Premier Radio Corp., of Defiance, O., placed
upon the market certain radio receiving sets
of the table and console type, calling them
"Premier Radio," also filing application for
trade-mark registration. The Patent Office
United States Patent Office Holds Manufacture and Sale of Radio, Either Alone or in held that these applications were in conflict
and that registration could only be granted to
Combination with Piano, Expansion of Regular Piano Business
the prior user.
Interference proceedings accordingly result-
I N a decision just rendered (October 7, 1927) established piano manufacturers in the country. ed, during the course of which the Premier
When radio was rapidly coming to the fore Electric Co., of Chicago, 111., also filed an
•*• in favor of the Premier Grand Piano Corp.,
of New York, N. Y., the U. S. Patent Office as an instrument of music, the Premier Grand application for registration of the word
holds that the manufacture and sale of radio Piano Corp., as a new development, manufac- "Premier" for certain electrical goods, including
receiving sets, either alone or in combination tured a number of their grand pianos combined radio parts and sets, and this application was
with pianos, is but a logical expansion of the with radio receiving sets, and applied the dis- included in the interference proceedings by the
business of a piano manufacturer; and that a tinctive trade-mark "Premier" to the combina- Patent Office.
later comer in the field must not use an es- tion instruments. This trade-mark had already
The decision of the examiner of trade-mark
tablished piano trade-mark as a trade-mark been registered by the corporation a number interferences was in favor of Premier Grand
of years previously for pianos and piano-
for radio receiving sets.
Piano Corp. The Premier Electric Co. did
The decision affirms the right of piano manu- players.
not appeal from this decision; but the Premier
The coined word "Premieradio" w^is adopted Radio Corp. did; and the final decision of
facturers to protect the good will inherent in
their established piano trade-marks; and while as a special trade-mark for these combination the Acting Commissioner of Patents upholds
it relates specifically to the well-known trade- instruments, and trade-mark applications were and affirms the rights in favor of the Premier
mark "Premier" of the Premier Grand Piano duly filed in the U. S. Patent Office. Subse- Grand Piano Corp.
Corp., the ruling is effective in behalf of all quently a newly incorporated cornpany, the
In his decision the Acting Commissioner of
Patents, Dr. William A. Kinnan, said: "Under
the established rulings of this office, prima
facie evidence of ownership attached to a regis-
tered mark is effective as to the date of the
application for registration. I am on record
as holding in Wilcox & White Co. v. Radio
Service Co., 151 Ms.D. 147, that the making
and selling of radio receiving sets is but a
logical extension of the business of a piano
manufacturer, and that a later comer in the
field is not entitled to register a trade-mark
for radio receiving sets where that mark had
been previously used and was being used by
a piano manufacturer as a trade-mark for its
goods.
"If this holding is correct, then clearly the
decision appealed from is proper, for the ap-
pellant, Premier Radio Corp., has established
no date of use of its mark as early as the date
on which the application which matured into
the registration of the appellee was filed."
He further said:
"Under the existing conditions as to manu-
facture of musical instruments, including radio
receiving sets which are combined with pianos,
it is thought that the conclusion reached in the
prior
case was right and it is adhered to. Clearly
in all leading American makes of piano, American
under that ruling a later comer in the field
Perfected Piano Wire complies with every mechani-
is not entitled to register for radio receiving
cal and acoustic requirement. It is a tough, fibrous
sets a mark previously used upon, and regis-
tered for, pianos. Confusion of origin of goods
wire that vibrates evenly throughout — a wire of
would seem to be quite certain if the same
absolute uniformity — tensile strength without ex-
mark appeared upon a combined piano and
treme hardness.
radio receiving set as appeared upon a separate
Awarded the Gold Prize at the Paris Exposition
radio receiving set."
in 1900, in competition with the whole world,
Otto W. Holmgren, patent and trade-mark at-
torney of New York, appeared for the Premier
Perfected Piano Wire has maintained its superior-
Grand Piano Corp.
ity unquestioned. Over sixty years of experience
Premier Grand Piano Corp. Wins Case
Prohibiting "Premier" Name on Radio
USED
enter into the making of this guaranteed product.
Perfected Piano Wire, guaranteed against break-
age, is far more economical than cheaper grades,
with their incessant need of repair. The cost of wire
is but a small fraction of the costs of the finished
instrument. It pays to use only the best.
Your inquiry for detailed information will receive
our prompt attention.
Services of our Consulting Acoustic
Engineer always
available—free
American Steel & Wire
Company
Sales Offices:
Chicago, New York, Boston, Cleveland, Worcester, Philadelphia, Pittsburgh,
Buffalo, Detroit, Cincinnati, Baltimore, Wilkes-Barre, St. Louis, Kansas City,
St. Paul, Oklahoma City, Birmingham, Memphis, Dallas, Atlanta, Denver,
Salt Lake City
Export Representative: U. S. Steel Products Co., New York
Pacific Coast Representative: U. S. Steel Products Company, San Francisco,
Los Angeles, Portland, Seattle
Radio Show in Dayton
DAYTON, O., October 10.—Sponsored by the
Daily News of Dayton, the annual radio show
was held here the last three days this week,
opening Thursday night. Well-known broad-
casting artists were on the entertainment pro-
gram as well as local bands. There were more
than forty exhibitors, including all of the lead-
ing retail music houses.
New Columbia Artists
Columbia's November record list includes
three new attractions from the South. Bessie
Coldiron (The Sunflower Girl of WBAP) and
Oscar Grogan, (popular singers, are both from
Dallas, and have been engaged as Columbia ex-
clusive artists, as have Mr. and Mrs. R. N.
Grisham, from Mississippi, singers of sacred
music.
Consult the Universal Want Directory of
The Review. In it advertisements are inserted
free of charge for men who desire positions-