THE BILLBOARD AUGUST 25, 119S8? él MUSIC .00KED Sr11'l'O REFINED, EVEN ELEGANT Filed Frey' Sues r Suits Music Business Offices WILD 'olcC On Copyright Redecorate to 'teat Band Trade-Mark uns °Fever' And Royalties Two lawsuits are the new modern -- Audio Fidel- NEW YORK -- By FERRIS BENDA and secretaries by Sid Frey, nias Hours were filed in Federal Court here kind, tubular and shaped to fit ity, Inca operated 422 suit in U. S. Supreme Court A disk jockey for this week. One was filed by Arc NEW YORK -A note of ele- the sitting down position. filed BOSTON -- gance is starting to work its way offices usu- for the Southern District of New station WILD here really put the Music against Ben Ghazi Music, These new, splendid Cosnat Distributing Lee's Fever," claiming that "Love Is Strange" Into the Brill Building, 50th and contain wall -to -wall carpet- York against needle to Peggy ally Corporation and King Karol, a lo- current favorite in this was an infringement on "Billy's , and other ing, sharp drapes, and a new, Capitol': - cal retailer. O'Hara, lately of New Blues," and the other was filed by areas where music publishers con modern spinet -the latter usually disk area. Todd The suit is in connection with Orleans, playing the tune four music publishers against Seeco gregate these days. No longer do in light wood too. The hi- fidelity started alleged infringement of the regis- Wednesday (13) and wound up Records, claiming violation of sec- old, dark, cigarette -charred desks equipment is the best that can be tered trade -mark "Audio Fidelity," 421/2 hours later in a locked studio. tion lE of the Copyright Act. and ugly uprights dominate Tin found, with top American, English Pan Alley offices -or at least the by Miller International Corporation During the recathon, O'Hara had Arc Music filed its suit against and German turntables, arms and infringe- Robinson, offices of the successful or younger concealed of Media, Pa. The alleged used up 15 records, received more Bobbie Lee and Josept speakers, all tastefully of Miller's use of calls and 200 doing business as Ben Ghazi En- publisher. Their new offices are paneling. The speak- ment arises out than 3,000 phoee behind wood the slogan "Stereo Fidelity," on mostly favorable, and terprises and Ben Ghazi Corpora- refined indeed. ers liable to be in the ceiling telegrams, are it .disks. Initial actions have his brother into think - tion, and against Victor, Consoli- - The newly decorated offices of stereo had scared or behind desks. a distributor a rec- Sales and Mickey the publishers today feature walnut of all are been launched against ing he had died with stuck dated Music But most interesting of recent to the The suit paneling on the walls, mixed grace - of these and dealer in view the ord going. Cops rushed Baker and Ethel Smith. the pictures on the walls which held that by Manager damages plus an ac- fully with cane or wicker inserts Originals and repro- Goody decision, scene only to be told asks $50,000 new offices. and dealers could be all was well. for the alleged infringe- for radiators and cabinets. The names as Tou- distributors John Scott that counting ductions by such held accountable for infringement Scott allowed as how it was a ment of a tune called `Billy's walls that you see are white -the louse Lartrec, Kandinsky, Buffet, are slim and damages as well as manufacturers. promotion stunt to put the WILD Blues." The suit alleges the in- modem color. Desks fine prints from Paris and London Is sleek, usually in walnut, too, and po- The suits claim that since De- name across, but O1Ilara explained fringing song called "Love are neatly placed in prominent has con- I'm on page 46) the chairs used by the executives good those cember, 1954, the plaintiff that situation by saying, "Dad, (Continued sitions, replacing for tinuously and extensively sold goods because I like music covers that used to playing this record sheet under the tag, "Audio Fidelity," it." curl up on the wall. It is all very Froni the Globe Enterprises Production and that on July 15, 1958, the As an added gimmick, Scott fine. trade-mark was legally registered called the Marines and five of these 3 H ITS new publisher's offices still of Samuel Fuller's "VERBOTEN" These with the U. S. Patent Office. It is stalwarts lugged O'Hara out amid fulfill the same function; songs are alleged that on or about June 15, the biggest crowd the studio has THE OLD MAN AND THE SEA taken, rewritten, cut on demos and 1958, the defendant commenced seen. The stunt even got in DIMITRN TIOMKNN COLUUMBA recorded. But some- ever occasionally and has continued to date the sale the local press. how even a rock and roll tune of records under the "Stereo Fi- BAISEZ -MOI (KISS ME) feels better in these new, -carefully delity" slogan. The suit claims that at least TEDDY KING VICTOR decorated surroundings -or "Stereo Fidelity" is up -to -date the designation this is what the modern, an "infringement of and decep- Miller Hits pubbers tell us. tively similar to" plaintiff's trade- IT'S ALL IN THE GAME mark, "Audio Fidelity." The use of Back at Frey TOMMY EDWARDS MGM the said designation "is intended MUSIC PUBLISHERS the trade Stereo Disks and calculated to deceive HOLDING :CÒRPORATION and purchasing public. The acts of In Label Row the defendant constitute both MEDIA, Pa. -- Dave Miller, After 6 Mos. trade -mark infringement and un- operator of Somerset and Stereo BOUNCING TO THE lashed fair competition," says the com- Fidelity Records here, has TOP AGAIN? "DANCE EVERYONE DANCE" plaint. back at Sid Frey, owner of New Doing Fine Exciting New Rendition el- BETTY MADIGAN The action seeks a judgment York's Audio Fidelity label, for Continued from page 1 "hysteria and enjoining and restraining the de- what he calls Frey's STRAIGHTEN UP "A LITTLE BIRD TOLD ME" sampler disks. Tho at first it was fendants from using the designa- irresponsibility." would have tion on records and related goods The blast came in the wake of AND FLY RIGHT TINA ROBIN widely held that stereo Fi- at least $5.95 and up per and for an accounting of profits a suit filed last week by Audio DeJahri Sisters to bring Cosnat Distributing disk, some prominent labels are and damages. delity against -Sunbeam - "M&RJOLAINA " -GOGI GRANT Karol, a selling at $4.98, the same price as According to Herman Kanon, at- and King by many monaural torney for the plaintiff, "We do not dealer, charging that the Stereo Fi- MY LOVE "LADIES PLEASE REMOVE that carried an infringe- ALL Among these are ABC -Para- intend going into the delity tag constituted LP's. Audio Fidelity. The Ceaterina Valente YOUR HATS"-LOU BUSCH Grand Award, courts against the manufacturer ment against Decca mount, Atlantic, the distrib- - - Jubilee, and Seeco. Also, a sub- at this time, pending the outcome suits were filed against INC. MUSIC of the MILLS MUSK, INC. BOURNE, -ABC stantial segment of stereo releases of these initial suits. Meanwhile, utor and dealer on the basis West 52 St. New York 14 decision, which if on London and Vox are pegged Dave Miller, colorful operator of now famous Goody Miller International, has pro- holds that distributors and dealers at $4.98. are It has been several years since claimed his intention to defend the as well as manufacturers case against his distrib and the equally liable in the case of an His Biggest SËngief the initial phenomenon of the :sam- separate pler disk arrived and then disap- dealer to the hilt. alleged infringement. (See of the scene It was recalled by tradesters story). peared with the advent says Miller, Mcntovanö of the low -price LP's. Now, stereo that about five years ago, another "In the first place," legal battle took place between "Frey is suing a distributor who bas brought samplers back, with a Fi- TULIPS FROM either issuing sam- Sid Frey of Audio Fidelity and the does not even handle Stereo number of labels much he's pler stereo albums with excerpts sanie defendants, Cosnat and King delity. That's how into things. Cos - AMSTERDAM of general product for sale or at Karol. At the time, Frey accused bothered to look the two of counterfeiting and boot- us in Cleveland and least for use as dealer demonstra- nat handles 11823 Columbia, Cook, legging his Dauntless International Detroit but not in New York, so tion records. York ?" America's Fastest London, Vox, Elektra, Design and label disking of "The Investigator." how can he sue in New to note," Stexec F'd l't haveh alla issued Frey won the resultant action. "It's also interesting rely continued, "that Frey has away Selling Records! while Miller STREIT. NEW YORK 1. KY samplers for general sale, the la- 539 WEST 25TH demos have been released to deal- not filed any action against Co- eneRne ers by Victor, Capitol, Decca, bel itself. He is also not suing Counterpoint and Hallmark. Fine Arts 4 lumbia Records, which also identi Another indication of the initial fies its stereo records as "Stereo Fi- Steady Action! is tify their stereo products with the BILLBOARD PICKS good reaction to stereo records Does 6 Shows the fact that RCA Victor has set phrase "stereo fidelity." STORM FATS DOMINO back the introduction of its stereo Meanwhile another Stereo Fi- WARREN tape cartridge until October at the For Ed. TV delity spokesman, Joe Martin; is "YOUNG earliest. Originally, it was set for WILMETTE, 111. -- The Fine pointed out that the label so PRISONER'S SONG June and then August release. Arts Quartet- Leonard Sorkin, Ab- successful that for the second time b/w SCHOOL GIRL" ram Loft, Irving Ilmer and George in six months it has had to turn to outside pressing facilities: "We are 553 Spokin, exclusive Concertape art- MAMA MAMA MAMA ists -has made the first of two se- now back- ordered on stereo rec- Workshopop n ries of six one -hour TV shows for ords to the extent of 269,000 and Nasco 6015 the Ford Foundation thru the Na- we honestly believe we have sold more stereo records that the rest RASHBORO RECORD CO., IMIC. Opera Set at tional Educational TV center, Ann 2-2215 ìiñplial C liappeN Z-coza...t Arbor, Mich. of the industry combined." Nashville, Tenn. 9425 Hollywood Blvd Nr.11ywood."bi These shows will be distributed Interlochen free to 26 different educational INTERLOCHEN, Mich. -- Es- TV outlets, and Concertdiscs is Crown Label tablishment of a workshop in Amer- monaural LP's and releasing three Heeding for the Top! SMASH! ican Opera at the National Music four stereo LP's which are the mu- Camp, beginning with the 1959 sical portions of the Ford Founda- Debs Stereo summer season, has been an- tion's series of Chamber Music. The NEW YORK --Crown Records nounced by Dr. Joseph E. Maddy, Foundation has already inked the has entered the stereo field, with WIN YOUR "CITY LIGHTS" NMC president and founder. Barre Quartet for six more such legs. packages priced at $2.98. Special Hill, opera coach and former NMC Concertapes Distributor, Inc., a sets of three and five records each DON RONDO opera department head, has been new and separate distributing cor- will be available to retail for ME named manager of the project. poration, has been formed, with Al $8.95 and $14.95, respectively. LOVE FOR four stereo teaiFsilee #5334 American composer Don Gillis will Freiburger general manager. The Firm intends to issue i be director of development. Other distributing organization will serv- disks monthly., with 15 packages appointments will be announced ice distributors thru 26 factory reps out this month. Latter include such SAM COOKE RECORDS the World in 80 JUBILEE later. and will handle export business, titles as "Around KEEN 20136 1721 Broadway, N Y Dr. Maddy stated the depart - except in Canada, where the par- Days," "The Music Man," (Continued on page 46) ent company will operate. etc. WT.\Q <'