Talk:Autoharp
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[edit] Registered trademark
From the trademark database at the U.S. Patent and Trademark Office, as of September 7, 2006:
Word Mark AUTOHARP
Goods and Services IC 015. US 036. G & S: MUSICAL INSTRUMENTS OF THE ZITHER TYPE. FIRST USE: 18820509.
FIRST USE IN COMMERCE: May 9, 1882
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Design Search Code
Serial Number 71239369
Filing Date October 28, 1926
Current Filing Basis 1A
Original Filing Basis 1A
Registration Number 0227835
Registration Date May 17, 1927
Owner (REGISTRANT) INTERNATIONAL MUSICAL CORPORATION CORPORATION NEW JERSEY JERSEY CITY NEW JERSEY (LAST LISTED OWNER) WASHBURN INTERNATIONAL, INC. CORPORATION BY CHANGE OF NAME FROM ILLINOIS 230 LEXINGTON DR. BUFFALO GROVE ILLINOIS 60090
Assignment Recorded ASSIGNMENT RECORDED
Prior Registrations 0022339
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 12C. SECT 15.
Renewal 3RD RENEWAL 19870517
Live/Dead Indicator LIVE
— Walloon 22:49, 7 September 2006 (UTC)
[edit] Trademark case?
The jurisdiction for all trademark cases in the U.S. is in federal courts. I just did full-text searches in Westlaw for any federal court case involving the terms "autoharp", "Oscar Schmidt", or "Orthey" but found nothing about any such case. In which court was this litigation, and when? — Walloon 04:01, 9 September 2006 (UTC)
[edit] History of the Trademark Litigation
US District Court decisions are not commonly reported. The Federal Courts have moved only recently to electronic form, and the decision we are speaking about was quite a number of years ago. It may have resolved as a compromise agreement, as well. I didn't know George at the time.
Briefly stated, George Orthey, a luthier in Newport Pennsylvania, began production of an autoharp. Oscar objected to the use of the term. George initially dubbed his instruments "Dulciharps", but as George is a very stubborn man, and not without resources, he instituted litigation on the issue. The ultimate decision was that the term had fallen into common usage during a time Oscar Schmidt was not protecting it. Following the decision, George began marketing his harps as autoharps. You can see this at http://www.ortheyautoharps.com/. In similar fashion, the magazine for autoharp players, Autoharp Quarterly, is able to seek protection of its own using the term in its generic sense. Had the decision been other than as I am representing it, Oscar would be legally required to issue a cease and desist against George, the web site, and, if you will google a bit, quite a number of other businesses handling chorded zithers, or risk the outcome that was, in fact, reflected in the litigation I am reporting. Protect it or lose it, in the trademark field.
As an aside, George trademarked a stylized flower, commonly called "the Daisy" (Although it doesn't look much like a daisy. You can see it under George's right hand in the right hand photo) to distinguish his instruments. Oscar, still stinging from the defeat, later introduced the model OS45CE http://www.oscarschmidt.com/product/autoharp/os45ce.htm which has a soundhole that looks more like a daisy than George's does, but still dissimilar enough that George can't bring an action for infringement. The serious autoharp community is neither amused nor confused. George's instruments are the ones which were played by the Carters and the other well known performers in more contemporary times. Sarah, of course, played an Oscar on the early recordings.
As a final aside, although George's instruments are beautiful both artistically and acoustically, George himself is hearing impaired. Ivan Styles,pickeringbend@worldlynx.net, was present during the litigation, and could tell you a case number, or further details. George refuses to deal with computers under any circumstances.
[edit] Goose Acres, as mentioned in the article...
Is quite well out of business, sadly, though I'll have to dig for a local citation. Went down to Little Italy and saw the building cleaned out- even the Ducati was gone.
Jdos2 20:19, 24 October 2007 (UTC)
[edit] Stephen Hawking as an autoharp player?
Not removing it because of the possibility of it's being truthful (and not knowing as much about Stephen Hawking as I'd like,) but I'm awfully tempted to call Shenanigans on that. Does anyone want to confirm (or deny) it? 216.201.119.71 (talk) 18:37, 31 December 2007 (UTC)
I'd say we leave it. It's either: a) true, or b) hilarious. 140.247.133.85 (talk) 06:48, 24 April 2008 (UTC)
