[D0228AAD], Letter from Howard W Hayes to William Edgar Gilmore, May 24th, 1902
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Title
[D0228AAD], Letter from Howard W Hayes to William Edgar Gilmore, May 24th, 1902
Author
Recipient
Mentioned
Date
1902-05-24
Type
Folder/Volume ID
D0228-F
Microfilm ID
187:937
Document ID
D0228AAD
Publisher
Thomas A. Edison Papers, School of Arts and Sciences, Rutgers University
Has Version
Transcription
Letterhead of Law Offices Howard H. Hayes,
Prudential Building, 765 Broad St.,
Newark, N. J.
May 24, 1902.
William E. Gilmore, Esq.,
Edison Manufacturing Company,
Orange, N. J.
Dear Sir:-
Referring to your question to me on Thursday as to the availability of the phonograph business abroad being done by the Edison Manufacturing Company, I would say, that such a course does not seem to me at present advisable. Through the amount of work you have done and the amount of advertising, the National Phonograph Company is well known throughout the world and the good will of that business would to some extent be sacrificed. But there is another more important phase in the matter. We are now disputing the validity of some of Mr. Edison's foreign patents. That can be done by any third party, but if Mr. Edison himself attempts to infringe the patents, a court would enjoin him as he would be stopped from denying their validity. The same might happen to a company of which he was the president; and whether he was or was not officially connected with the company if it contained his name; it would have a poorer standing in Court. Also, it is doubtful as to whether the Edison-Bell have not the exclusive right of Mr. Edison's name in England in connection with the sale of articles under the Edison patents, which they own. Taking it all to-gether, I would say, that such a course would be really to invite litigation and hamper the business.
Yours very truly,
Howard W. Hayes
<RECEIVED MAY 26 1902>
<ANS 5/28/1902>
<Edison, T. A. - Name>
Prudential Building, 765 Broad St.,
Newark, N. J.
May 24, 1902.
William E. Gilmore, Esq.,
Edison Manufacturing Company,
Orange, N. J.
Dear Sir:-
Referring to your question to me on Thursday as to the availability of the phonograph business abroad being done by the Edison Manufacturing Company, I would say, that such a course does not seem to me at present advisable. Through the amount of work you have done and the amount of advertising, the National Phonograph Company is well known throughout the world and the good will of that business would to some extent be sacrificed. But there is another more important phase in the matter. We are now disputing the validity of some of Mr. Edison's foreign patents. That can be done by any third party, but if Mr. Edison himself attempts to infringe the patents, a court would enjoin him as he would be stopped from denying their validity. The same might happen to a company of which he was the president; and whether he was or was not officially connected with the company if it contained his name; it would have a poorer standing in Court. Also, it is doubtful as to whether the Edison-Bell have not the exclusive right of Mr. Edison's name in England in connection with the sale of articles under the Edison patents, which they own. Taking it all to-gether, I would say, that such a course would be really to invite litigation and hamper the business.
Yours very truly,
Howard W. Hayes
<RECEIVED MAY 26 1902>
<ANS 5/28/1902>
<Edison, T. A. - Name>