"HIS MASTER'S VOICE"

Evening Post, Volume 55, Issue 55, 3 September 1923, Page 8

"HIS MASTER'S VOICE"

CUSTOMS bEPARTMENT'.S ACTION^ '

-Some months ago: the .• Collector :ot Customs, Wellirigloh,' applied' t6' ~"ififi Magistrate's Court for an order of condemnation of certain gramophone rec°l .S> d- er section 259 of The CuEtoma Act... Inis application was' made as the result of the decision -of Inspector M'llveney, acting in a private capacity, to dispute _the forfeiture by the Customs of. a Victor , gramophone record which' he has imported from America. The Magistrate decided.that the seizure was not justified. .- •; : ■ ' : ,

The case went to tlieFull Court, where the Magistrate's decision was upheld, and the appeal was dismissed.. ■ It was pointed put by'one of the Judges, however, that if the .application for condemnation had been made under another section of the Patent Designs and Trade Marks Act the decision might have been. different^' and appellant might have been entitled to an order on proof that the trade was applied to the record without the consent of the Gramophone Company.' It is understood that numbers of persons were under the 'impression ; .that such records ' could still be imported 'from.fthe-'-;United: States. ■ ■.; ?. ; •■"

In reply to a question to-day, the Customs Department, informed a "Post" reporter that the Customs would still stop the importation of Victor records bearing the "His Master's -: Voice"trademark". ...: .