RADIO STATION SUED

Greymouth Evening Star, 1 May 1937, Page 12

RADIO STATION SUED

BY WOMAN BROADCASTER SYDNEY, April 14. Mrs. Joan Harvey, who said that she had carried oil the business of a broadcaster, radio adviser, psychologist, and teacher of radio broadcasting technique, yesterday sued in the Supreme Court to recover £3OOO from the Commonwealth Broadcasting Corporation, Ltd. (owners of Station 2UW) and Consolidated Press, Ltd. (owners of the “Australian Women’s Weekly”) as damages for allegedly having “passed off” radio sessions at 2U)V which were not those of Mrs. Harvey. ,i

Mrs. Harvey claimed that she had always prominently used in her business the trade name of “The Voice of Experience,” and that for a long time she had broadcast sessions which dealt with the personal and general problems of listeners submitted to her by letter. She said that the sessions about which she complained werti substantially similar in form'an,d., type to her sessions but of inferior quality. Besides seeking damages, she sought an injunction to restrain the broadcasting of sessions under the name or title of “The Voice of Experience,” “The Voice of Advice,” or any other name or title differing only colourably from the name of “The Voice of Experience.” Both defendant companies denied “passing off” and put in issue Mrs. Harvey’s allegation that "The Voice of Experience” was a disinguishing mark in her business.

Mr. Piddington, K.C., in opening to the jury, for Mrs. Harvey, said she broadcast from 2UW for three years. He explained that 2UW was tn., <>v.-p--er of the air time, arid the "A’’ '1ian Women’s Weekly” had : - d or advertised the session of w'- he complained and was responsib'- lor its cost.

Passing off, said Mr. Piddington, was an action of ancient form, but here it entered a new region by dealing with a. new commodity, air time, instead of such things as could be readily handled or transferred. The •British Courts had always been strict to see that competition in business was fair, and they would never allow one person to take the trade reputation from another and make any advantage out of it.

RIGHT TO TITLE Mr. Piddington said that, subject to the law that would he laid down bv

His Honor, the only question for the jury was whether by usage Mrs. Hatvey had established a right to the title of "The Voice of Experience.” Evidence would be given that after leaving 2UW in May, 1935, she transferred to Station 2CH, and remained there until the following August, when she opened a school of radio technique. In April, 1936, correspondence passed the sponsoring of a. session to be callbetween the defendant companies for ejl ‘‘The Voice of Experience.” Mr. Ellis Price was selected to broadcast the session. Before the first broadcast a trailer was sent out from the station, whereupon Mrs. Harvey protested and the name of the session was changed’to “The Voice of Advice.”

To her own counsel. Mr. Piddington, K.C., Mrs. Harvey said that after the first of the broadcasts she complained of,' on May 1, 1936. she made unsuccessful attempts to sell her session to other “B” class stations. In cross-examination by Mr. Spender, K.C., the attention of Mrs. Harvey was directed to a statement in a radio journal that' slid'<vas a. graduate of Edinburgh University. She said that when she saw the statement in print, she realised it was wrong and she had not corrected it because she thought people would not attach any importance to it.

Mrs. Harvey said in the same article there was an allusion to “strange psychic power.” She telephoned the editpr of the journal asking him to take that out. She was an employee of 2UW in 1933 and 1934. She did further broadcasts for 2UW in 1935, and continued them until May in that year. There was some overlapping with work that she did for 2CH and she continued for 2CH for some lime. The action is part, heard.