Music Trade Review
Issue: 1923 Vol. 76 N. 20 - Page 42
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THE MUSIC TRADE REVIEW
42
MAY
19, 1923
DECISION IN BROWNING PATENT SUIT
DEPARTMENT TO PROMOTE SALES
MRS. CLARK'S MUSICAL ACTIVITIES
U. S. District Court in Wilmington, Del., Rules
Claim 1 of Browning Patent Covering Double
Doors Invalid Because of Abandonment of
Any Right to Invention—Also Finds Claim
19 of Johnson Patent Invalid
E. D. Coots, Assistant Sales Manager in Charge
of Sales Promotion of Sonora Co., Tells of
Purposes and Value of This Department
Director of Educational Department of Victor
Co. Co-operating Strongly With National
Supervisors and With Music Club Federation.
E. D. Coots, formerly assistant general sales
manager of the Sonora Phonograph Co. in the
field, is now assistant sales manager in charge
of sales promotion, with headquarters at the ex-
ecutive offices of the company, 279 Broadway,
New York. Mr. Coots is thoroughly familiar
with the Sonora dealers' problems and, in his
new department, plans are being made whereby
Sonora dealers will receive maximum co-opera-
tion in the development of sales. In a recent
issue of the Sonora Bell Mr. Coots gave his
ideas as to the importance and purposes of his
new department as follows:
"The foremost duty of this department is, of
course, that which its name implies—to pro-
mote sales. We believe that the most efficacious
manner in which we can accomplish this pur-
pose is through service—service to the dealers
who are out on the firing line, in direct contact
with the consumer. So all our efforts are built
on this one all-embracing basis—to help you
sell. To do this we have in preparation a large
amount of educational material having to do
with the effective merchandising of Sonora in-
struments, as well as sales letters and other
direct selling material. We are also preparing
comprehensive specifications and descriptions ot
the various models and selling talks on the
smaller but none-the-less important units of
each machine.
"In addition to this intensive educational work
we will also prepare numerous direct-mail cam-
paigns for the use of dealers and will work out
and present for their consideration suggestions
regarding the best means of handling these cam-
paigns. Direct-mail campaigning is a vital part
of modern retail merchandising and one which
requires real attention and thought. By devot-
ing serious consideration and study to this phase
of selling activities right here at the home of-
fice we will be able to send in to the dealers,
from time to time, series of well-worked-out
circularizing campaigns which, if used consist-
ently and systematically, are sure to aid Sonora
dealers materially in building sales."
Mrs. Frances E. Clark, director of the Edu-
cational Department of the Victor Talking Ma-
chine Co., took a prominent part in the recent
Music Supervisors' National Conference held in
Cleveland, O., she being a member of the Edu-
cational Council of that organization. Incident-
ally Mrs. Clark was re-elected at the Cleveland
meeting to her place in the Council for a further
period of six years, the other members of the
body including those prominent in music edu-
cational work in practically every section of the
country.
During the Cleveland meeting the Founders'
Association of the Music Supervisors' National
Conference was organized with Mrs. Clark as
president and with a score or more of the found-
ers of the organization in attendance. It was
at a meeting attended by these founders in
Keokuk, la., in 1907 that the National Confer-
ence was really launched.
Of particular interest at the Cleveland meet-
ing was the attention given to music apprecia-
tion, two full sessions being given to that work
and emphasizing the recognition accorded it.
Mrs. Clark is now busily engaged on the pro-
gram for the convention of the National Fed-
eration of Music Clubs, she being the head of
the Educational Department of that strong or-
ganization as well as an actual member of a
half dozen committees.
The convention will be held in Asheville, N.
C, on June 9-17, and all the programs will be
devoted entirely to American compositions. At
this convention will be performed the new type
of lyric dance drama, for which a $1,000 prize
was awarded.
Judge Morris, of the United States District
Court at Wilmington, has handed down a deci-
sion in the suit of Victor Talking Machine Co.
against the Brunswick-Balkc-Collenrler Co. and John
]'. Browning to adjudge Claim 1 of the Brown-
ing patent granted to these defendants last year
on the "double door" construction invalid on the
ground of interference with Claim 19 of its
prior Johnson patent No. 946,442 granted in
1910.
The Court holds that Claim 1 of the Browning
patent is invalid because of Browning's aban-
donment of any right he may have had to the
invention. -The Court further holds that Claim
19 of jhe Johnson patent is also invalid on the
ground of lack of originality, the Court treating
the prior decision in 1921 on this latter point
by the Court of Appeals of the District of Col-
umbia in the Patent Office interference pro-
ceeding as controlling. Of the two claims which
are thus invalidated by the Court's decision,
Claim 19 of the Johnson patent had less than
four years to run, while Claim 1 of the Brown-
ing patent, having been issued only last year,
had about sixteen years to run.
An infringement issue presented by the
counter-claim of the defendants in this suit still
lemains undisposed of and until this is out
of the way neither party will be in a position
1o appeal.
15 PER CENT DUTY ON ENVELOPES
Starr Piano Co. Wins Important Decision in
Court of Customs Appeals
D. C, May 14.—Paper containers
for phonograph records are dutiable at the rate
of 15 per cent ad valorem as flat paper en-
velopes, and not at 25 per cent ad valorem as
manufactures of paper, according to a decision
rendered on May 7 by the United States Court
of Customs Appeals.
The case decided by the court was brought
against the Government by M. A. Graser-Rothe,
Starr Piano Co., protesting against the 25 per
cent assessment of duty on such containers.
The decision of the collector of customs was
reversed by the Board of General Appraisers,
and the Court of Customs Appeals upheld the
decision of the board.
WASHINGTON,
FILES APPEAL IN MACY=VICT0R CASE
The Victor Talking Machine Co. has filed in
ihe United States Circuit Court of Appeals an
appeal from the decision of the U. S. District
Court in New York in favor of the plaintiffs
in the action brought by R. H. Macy & Co. in
1921. It is expected that the appeal will be
heard some time in the coming Fall.
Consult the universal Want Directory of
The Review. In it advertisements are inserted
free of charge for men who desire positions.
DAVEGA AND JOHN LURIE COMBINE
Expansion Plans of the Firm Include Taking
Over Other Concerns
The metropolitan dailies carried a recent an-
nouncement of the combine of the Davega chain
of retail talking machine and sporting goods
stores with that of John Lurie, Inc., operating
as Davega-Lurie stores and thereby adding one
more store to the chain, making a total of six.
In a supplementary announcement from Davega
headquarters it was stated that negotiations are
now under way with several other sporting
goods stores in New York City, Brooklyn and
Newark, N. J., with the purpose in the near
future to cover the metropolitan district thor-
oughly. The officers are S. B. Davega, presi-
dent; H. S. Davega, vice-president, and John
Lurie, chairman of the board. Considerable
expansion is expected in the future.
THE
LAUR1VOLP1 SINGS FOR BRUNSWICK
Tenor Who Recently Made Debut With Metro-
politan Opera Co. Makes First Recording
A recent addition to the Brunswick-Balke-
Collender Co.'s "New Hall of Fame" is Giacomo
Lauri-Volpi, tenor, who, a short time ago, made
his debut with the Metropolitan Opera Co.
Mr. Lauri-Volpi's first record has already been
made and distributed to dealers. It is a double
sided recording, "La Donna e Mobile" from the
opera "Rigoletto" appearing on one side and
on the other "Questa o quella," also from
"Rigoletto."
CONVENTION OF SONORA JOBBERS
One of the greatest gatherings of Sonora
jobbers is just coming to a close as The Review
is closing its forms. The convention opened
on Monday at the immense Sonora factory
at Saginaw, Mich., and consumed the greater
part of three days. Jobbers from all parts
of the country were in attendance. A spe-
cial car carried the Sonora executives from
the New York headquarters, together with rep-
resentatives of the Sonora jobbers in the New
York and metropolitan district. The Review
will have a convention report next week.
BRUNSWICK-B ALKE-COLLENDER
CO.
623-33 S. Wabash Ave., Chicago A. J. KENDRICK, Gen'l Sales Manager
THE MUSIC TRADE REVIEW
42
MAY
19, 1923
DECISION IN BROWNING PATENT SUIT
DEPARTMENT TO PROMOTE SALES
MRS. CLARK'S MUSICAL ACTIVITIES
U. S. District Court in Wilmington, Del., Rules
Claim 1 of Browning Patent Covering Double
Doors Invalid Because of Abandonment of
Any Right to Invention—Also Finds Claim
19 of Johnson Patent Invalid
E. D. Coots, Assistant Sales Manager in Charge
of Sales Promotion of Sonora Co., Tells of
Purposes and Value of This Department
Director of Educational Department of Victor
Co. Co-operating Strongly With National
Supervisors and With Music Club Federation.
E. D. Coots, formerly assistant general sales
manager of the Sonora Phonograph Co. in the
field, is now assistant sales manager in charge
of sales promotion, with headquarters at the ex-
ecutive offices of the company, 279 Broadway,
New York. Mr. Coots is thoroughly familiar
with the Sonora dealers' problems and, in his
new department, plans are being made whereby
Sonora dealers will receive maximum co-opera-
tion in the development of sales. In a recent
issue of the Sonora Bell Mr. Coots gave his
ideas as to the importance and purposes of his
new department as follows:
"The foremost duty of this department is, of
course, that which its name implies—to pro-
mote sales. We believe that the most efficacious
manner in which we can accomplish this pur-
pose is through service—service to the dealers
who are out on the firing line, in direct contact
with the consumer. So all our efforts are built
on this one all-embracing basis—to help you
sell. To do this we have in preparation a large
amount of educational material having to do
with the effective merchandising of Sonora in-
struments, as well as sales letters and other
direct selling material. We are also preparing
comprehensive specifications and descriptions ot
the various models and selling talks on the
smaller but none-the-less important units of
each machine.
"In addition to this intensive educational work
we will also prepare numerous direct-mail cam-
paigns for the use of dealers and will work out
and present for their consideration suggestions
regarding the best means of handling these cam-
paigns. Direct-mail campaigning is a vital part
of modern retail merchandising and one which
requires real attention and thought. By devot-
ing serious consideration and study to this phase
of selling activities right here at the home of-
fice we will be able to send in to the dealers,
from time to time, series of well-worked-out
circularizing campaigns which, if used consist-
ently and systematically, are sure to aid Sonora
dealers materially in building sales."
Mrs. Frances E. Clark, director of the Edu-
cational Department of the Victor Talking Ma-
chine Co., took a prominent part in the recent
Music Supervisors' National Conference held in
Cleveland, O., she being a member of the Edu-
cational Council of that organization. Incident-
ally Mrs. Clark was re-elected at the Cleveland
meeting to her place in the Council for a further
period of six years, the other members of the
body including those prominent in music edu-
cational work in practically every section of the
country.
During the Cleveland meeting the Founders'
Association of the Music Supervisors' National
Conference was organized with Mrs. Clark as
president and with a score or more of the found-
ers of the organization in attendance. It was
at a meeting attended by these founders in
Keokuk, la., in 1907 that the National Confer-
ence was really launched.
Of particular interest at the Cleveland meet-
ing was the attention given to music apprecia-
tion, two full sessions being given to that work
and emphasizing the recognition accorded it.
Mrs. Clark is now busily engaged on the pro-
gram for the convention of the National Fed-
eration of Music Clubs, she being the head of
the Educational Department of that strong or-
ganization as well as an actual member of a
half dozen committees.
The convention will be held in Asheville, N.
C, on June 9-17, and all the programs will be
devoted entirely to American compositions. At
this convention will be performed the new type
of lyric dance drama, for which a $1,000 prize
was awarded.
Judge Morris, of the United States District
Court at Wilmington, has handed down a deci-
sion in the suit of Victor Talking Machine Co.
against the Brunswick-Balkc-Collenrler Co. and John
]'. Browning to adjudge Claim 1 of the Brown-
ing patent granted to these defendants last year
on the "double door" construction invalid on the
ground of interference with Claim 19 of its
prior Johnson patent No. 946,442 granted in
1910.
The Court holds that Claim 1 of the Browning
patent is invalid because of Browning's aban-
donment of any right he may have had to the
invention. -The Court further holds that Claim
19 of jhe Johnson patent is also invalid on the
ground of lack of originality, the Court treating
the prior decision in 1921 on this latter point
by the Court of Appeals of the District of Col-
umbia in the Patent Office interference pro-
ceeding as controlling. Of the two claims which
are thus invalidated by the Court's decision,
Claim 19 of the Johnson patent had less than
four years to run, while Claim 1 of the Brown-
ing patent, having been issued only last year,
had about sixteen years to run.
An infringement issue presented by the
counter-claim of the defendants in this suit still
lemains undisposed of and until this is out
of the way neither party will be in a position
1o appeal.
15 PER CENT DUTY ON ENVELOPES
Starr Piano Co. Wins Important Decision in
Court of Customs Appeals
D. C, May 14.—Paper containers
for phonograph records are dutiable at the rate
of 15 per cent ad valorem as flat paper en-
velopes, and not at 25 per cent ad valorem as
manufactures of paper, according to a decision
rendered on May 7 by the United States Court
of Customs Appeals.
The case decided by the court was brought
against the Government by M. A. Graser-Rothe,
Starr Piano Co., protesting against the 25 per
cent assessment of duty on such containers.
The decision of the collector of customs was
reversed by the Board of General Appraisers,
and the Court of Customs Appeals upheld the
decision of the board.
WASHINGTON,
FILES APPEAL IN MACY=VICT0R CASE
The Victor Talking Machine Co. has filed in
ihe United States Circuit Court of Appeals an
appeal from the decision of the U. S. District
Court in New York in favor of the plaintiffs
in the action brought by R. H. Macy & Co. in
1921. It is expected that the appeal will be
heard some time in the coming Fall.
Consult the universal Want Directory of
The Review. In it advertisements are inserted
free of charge for men who desire positions.
DAVEGA AND JOHN LURIE COMBINE
Expansion Plans of the Firm Include Taking
Over Other Concerns
The metropolitan dailies carried a recent an-
nouncement of the combine of the Davega chain
of retail talking machine and sporting goods
stores with that of John Lurie, Inc., operating
as Davega-Lurie stores and thereby adding one
more store to the chain, making a total of six.
In a supplementary announcement from Davega
headquarters it was stated that negotiations are
now under way with several other sporting
goods stores in New York City, Brooklyn and
Newark, N. J., with the purpose in the near
future to cover the metropolitan district thor-
oughly. The officers are S. B. Davega, presi-
dent; H. S. Davega, vice-president, and John
Lurie, chairman of the board. Considerable
expansion is expected in the future.
THE
LAUR1VOLP1 SINGS FOR BRUNSWICK
Tenor Who Recently Made Debut With Metro-
politan Opera Co. Makes First Recording
A recent addition to the Brunswick-Balke-
Collender Co.'s "New Hall of Fame" is Giacomo
Lauri-Volpi, tenor, who, a short time ago, made
his debut with the Metropolitan Opera Co.
Mr. Lauri-Volpi's first record has already been
made and distributed to dealers. It is a double
sided recording, "La Donna e Mobile" from the
opera "Rigoletto" appearing on one side and
on the other "Questa o quella," also from
"Rigoletto."
CONVENTION OF SONORA JOBBERS
One of the greatest gatherings of Sonora
jobbers is just coming to a close as The Review
is closing its forms. The convention opened
on Monday at the immense Sonora factory
at Saginaw, Mich., and consumed the greater
part of three days. Jobbers from all parts
of the country were in attendance. A spe-
cial car carried the Sonora executives from
the New York headquarters, together with rep-
resentatives of the Sonora jobbers in the New
York and metropolitan district. The Review
will have a convention report next week.
BRUNSWICK-B ALKE-COLLENDER
CO.
623-33 S. Wabash Ave., Chicago A. J. KENDRICK, Gen'l Sales Manager
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