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In the H'g't 0 mrt of Justice, Chancery Division, on Dooembor 17th, a motion camn before M Jaatlae Kay, on behalf of Messrs Jackson and Co., carrying on bosineaa In America, nsklng for the registration of trade mark for cotton goods — namely, tho fi^uro of an owl and the words "Ko-Ko-Ko." Meaars J<»ckaon were advlaed by the Comptroller General of the Board of Trade to withdraw their application for the device of an -owl, and apply only for tho registration of the words " Ko-Ko-Ko," being the aoreeoh of o apeolea of owl, and the war cry of the Ohippeway Indiana. The qaostlon was whether " Ko-Ko-Ko," were fancy words not In oommon use within the meaning of the Patents, Designi, and Trademarks Aot.

Mr John Cutter (for the applloant) said the words were uumeanlng m England, and were, therefore, fancy words within ihe meaning of the Aot. He had a phonograph m oourt which would reproduce the exact aound.

A phonograph was then plaoed before his lordship, who applied his ear to the tubes and then *cad out as follows :— "la reply to the question just skid by you as to the aooent over the 6 In the firat syllable k<s, we are instrnoted by J-ioksons to Inform you the Jacksons hold that the mark "Ko-Ko-Ko" is the firat attempt made to express m Ergllsh the eorecoh of a peculiar kind of owl." Bis lordßhfp said that it was marvellous how accurately sounds were conveyed by this machine. Afterwards the actual war-ory of a chief of the Ohippeway tribe was produced, and the sound was so pieroing that the Judge, amid the laughter of the spectators, dropped the tubes. The court resounded with the aotual whoop of the Indian chief.

After argument the motion wasdism loafed

A London journal observes on the occurrence : When the wai-cryof the Chlppeway Indians, a resounding " »' o-ko-ko," echoed through the Chancery Division yesterday, and the legal dignitaries recovered sufficiently to feel that their wigg were quite safe from tho ecalplng-knife, aome l<vely felicitations wero exchanged over this thrilling and exotic war whoop. The voice of the savage m the Royal Courts of Justice was a voice speaking from across the ocean and announced m ttartling fashion that the phonograph was giving evidorjee, probably Tor the firßt time. The case Itself iv which this disembodied vooal utterance make itself heard was only a trade mark case, and through the phonograph earned commendation aud wonder from its audenco, its wilneas though unimpoaohable did not carry the day for its side

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Bibliographic details

THE PHONOGRAPH AS A WITNESS IN COURT., Ashburton Guardian, Volume VII, Issue 2068, 20 February 1889

Word Count

THE PHONOGRAPH AS A WITNESS IN COURT. Ashburton Guardian, Volume VII, Issue 2068, 20 February 1889

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