New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-11
GRAMOPHONE LITIGATION.
SUIT TO RESTRAIN THE NATIONAL COR
PoRATTON FROM THE USE OF THE
WORD .GRAMOPRONE"

The BerIiner Gramophone Company, OF Phia-
dephia, and the United States Gramophene Com
pany Of Washington, have just fled bill IN equity
IN the United States Circuit Court for this district
70 restrain the National Grarnophone Corporation
from the Of the word ''Gramophone' IN its
porate name. advertisements. letter-heads. ETC. or
n any manner IN connection with its business.
The biz in equity at the same time seeks 70 re-
Quire the National Gramophone Corporation 10 &C
count and pay over any income profits unto the
eomplainants which il may have unlawfully de-
rived from the OF the word 'Granophone."
The bill IN equity filed in the alleges that the
Berliner Granophone Company is the exclusive
uoensee Of al the United States patents issued TO
Emile Beriner for his sound recording and repro
ducing machines. long and well known by the
name gramophone. which word he originated and
gave his machines. The bill also forth that
BY a certain agreement dated October 10, 1886 the
Beriiner Gramophone Company made Frank Sea
uan, OF NeT-York City its exclusive selling agent
for the United States Except in the District OF
Columbia FOR all gramophones and gramophone
goods fer period Of fifteen years. and that the
said Frank Seaman. without the consent ap-
proval Of the Berliner company. organized
poratton under the laws Of the State Of New-York.
known as the National Gramophone Company,
with capital OF Soe00, subsequently increased TO
10000 for the purpose Of selling through this
pany those gramophones which he received from
the Berliner company.
L is alleged that Seaman sold the gramophones
and gramophone supplies which he received from
the Berliner company through the National Gram
ophOne Company. which was subsequently
eeeoed II March 1893. by the National Gramophone
Corporation. organized al that time with capital
CT about sSs0.o0a The National Gramopnone Cor
poraion continued 70 sell gramophones and gram
seamsn rg4iI sbo W,Se et66e rom f4hA
The bil n equity further that since Oc-
looer lhss Frank Seaman has not ordered from the
and that he National Gramophone Corporation
see MAJ cate has been selling TO the public talk
kn9ne patents, manufactured by the Universal
phones The Be-liner Gramophone Company com
pans mat the National Gramophone Corporation
s ute and IN its advertisements. and is de-
mar I aAa nls-eading the pubic into The belief
i--.scalles ano records manufactured by the Ber
Frank sesnsa is a director Of the National cram
. 4iif3ns -o-poratiou, and large If not
ssi1 - -teTest n the stock and that he and the
Sc. corporation have fraudulently and maliciously
Seslssprec 50 10 enable Seaman evade the pro-
laring - ereeIlieAt % OeloDeT ~ Lss2' re-
he - - ne purchase ot gramophones. while al
r-fvsisaae tlE1e ne seeks 10 avail himself Of the
T-s-rn,1Es-es OF buying records from the Berliner
he BIZ also declares that when Emile Berliner
iLs-~ ne talklng machine covered by his pat
appied il 10 The invention. by which name these
49, i.S-oas q M Bcrliae- az once became known,
&c tEsJ this property right is now vested in the
re III 1n me lnited States and foreign countries:
-. 80 llIiner alleges that the complainants'
VII the exception Of the infringement now prac-
s-s 2E ne National Gramophone Corporation and
CTS ~ Is understood that the Berliuer Grarnophone
$500 means not only vigorously prosecute
80 PARTICULAR suit, but also another suit which
DStl llec 70 restrain the National Gramophone
Respiration from alleged infringement Of the Ber-
- patents. and has employed fits attorneys
- safpgress these heterogeneous Charles E Mitch
a., q -Ae~-1ork City; Howard W Hayes Of New
ane a. :; =. Frederick n Leonard, L. g. Weimer
~ horace Petit. OF Philadelphia.
CsrsTSo pser-lner Gramophone and United States
11etsnopnoae Company have also sued the Unit
So So talking Machine Company. which manu-
c rsraest The -zonophone" sold BY the NATIONAL
orr --.op phone Corporation, as well or TWO
oLer alleged infr1ngers and have notified 10 the
.lDhc It's intent vigorously to nrosecute ali in
iI--5nleefnef,ts OF the BerIiner patents
ne Eser-iner company evidently means legally TO
reSbllsh its rights. and vigorously pursue ali