June i us 6,1951. sell, rms ‘Compan < ce ¥ Ld 3 RC Uris RG} Replying i gest &@ ir. g oS 20. . “<4 ae Hn rp rela‘ ting that, supers bs Bennett. if your ") wwe Ua § a ag abrpryglstens.. ees 18 ~ my “yrs Ege oP letter , te This th to |e te uO iMail ty Be ele Bien LOD? you * gio . Lifes ‘hil r % pre yt sugsestion le ™ ~~, yours sincerely, BROWNING ARMS COMPANY ST. LOUIS, MO. June Mr. Ee Ge Mr, wherein Corp., JE Y/ Bennetts he glad to have this OL We have a very nice letter hints rather strongly that Mr. mentions the they handled ignore 1931. Bennett, First Security Ogden, Utah. Dear end, one of the successful for us and hint or not. Superposed Guns. from Mr. Woodson Rogers would be He tactfully outcome of the litigation I am just wondering if we which ought to It is possible that Mr. Woodson is endeavore ing to make Mr. Rogers feel good over the fee that was charged since Mr. Rogers, you will remember, was in Paris at the time these cases were settled. Possibly it is a good thing for us that he was from from I shall just hold the letter until I hear you regarding the matter, The following is quoted Woodson's letter regarding the settlement; "Mr. Rogers and sixteen gauge automatic." in Paris, I were discussing the successful outcome of the litigation which we have had for you and he stated that he wanted one of your Superposed guns. He has quite a collection of firearms and he wants one to add to this collection, so I shouldn't be surprised if, some of these days, you receive an order from him. It would be a nice gun to have as a prize possession, but when it comes to a field gun, I don't want anything better than my 4] Sincerely yours, Pepe \ JER 3 EM. / Ba f | & AAe om et eT ete. PF oSDist Sia : a OM ‘att he HR, Soe , HT! SG Ne fey m ae Pay mye Pe sea? is es ; ae h uae 4 is 5 he ee Oe ae Sh +B 5 op & sPyTte Phy Vet bo ¢ | WW khs Treat je4 hs & ee bs i toes Squity Mo. 12121 cause, Jefeniant . ey 7 named and Summer 1931 about January this suit, with firearms Mi: diy. 1, iig court ite mail order PY q * Rs ¥ the use of the name Browning %. John Browning and filing and plaintiff Gxpired)+-; to be published catalogues statement is used, - * e of in connection not coming --Invented to the statement Arms Cor me on or the public the by the that Spring catalogue, published « (Patents when the foregoing es next invented in defendant's iy? to 1991, from the Browning thet % m ‘Aa shows edi limited by Browning in herein, : the above entitled and attorneys, by ite in learned having in the future, the name of the manu# facturer of such firearms will PORE, iG immediately plaintiff moves follow cof another state- that stand dismissed out of this bringing said suit, and without oR ee ves ae i ® Ride ae $4 i kde % me 7? tne ae t he i rece uh i * with the advertising, offering for sale or sale of firearms not coming and no the plaintiff, from the plaintiff has competed “hat all the defendant, holding f by, F through or word, V3 tsk ey st, pr me Orn i.e ng or yee és ae ajsily . s Y (a) \ name | ry J WT with Montgomery 2, successors or under and restrained; ew From using - the terms, "Genuine connection the plaintiff, employes, ehy nerne tine | ley enjoined hereby perpetually ty ee with unfairly servants, and having 3 Bro a it, BPOWR LE ning my ei + 4 mh Compe any Lat a the and be atl, webs " or x Design," any "Real Patents," "i COW like or any or gale the plaintiff, decrees connection in sured by ery Saeeees), a aadir PS Rait 6 Suca esON Mame more oF 2 * SAiG Pi ce Sanh SFOWHING, conspicuous ee stn tements. ‘. ¢ as ye ew a Su than the other with the b induce nlaintiff are calculated ¥ e not manufactured firearms any the bel: ree or thing any act from doing ‘ ine walvyed is an Hyndred “yh es= 12 ag 3 ae et 4e 5 ‘ Nag 4 i. toe the Bie wt 4 i a PR Ry Ueighu piaintiti Py ae AL t ws 2% be Day Toe 1g 2 at %. AU a, ve . a oh a BCr yt £5 CS ao BRI) for oe » have ‘ttorneys ae © ee bat oF % e a even De Ant a A RE RITE Somerton Plaintil: i a Fs , a 4 oe ch SF YF <et i ee S PS epee tet mann BCCOnn O28 t ds DS Dollars t£ 7% be or Seed ry DE 4 st Liecossys execution 4 gf ot i a 0? Sal? Mee @ ies by the manufactured. go ju 2 therefor. t he BROWNING ARMS COMPANY ST. LOUIS, MO. May 22nd, 1931. Mr. Me Ae Browning, JeM. & M.S. Browning Ogden, Utah. Dear Co., Marriners I neglected to inquire material from the Chicago Attorneys forwarded to Ogden. it will ing the best regards, Yours sEM. the we If you will please advise in this connection be appreciated so our files may be complete regard~ matter, With JER while in Ogden, if was received which sincerely, = r te £e jee a ~ ye is he 9ae ye” ays ¢ Ae J BY DIRECT 5 _ CLASS OF SERVICE This \" is a full-rate Telegram gram WIRE FROM LS or unless Cable- | ; p— \ its de | § . ferred character is in- | 4 dicated by a suitable | sign gpors or preced. ing the address.j | \}\. Fae, ee f _ a \ ) OW WW \ ee | f , NEWCOMB f é f 2 ) : = | CARLTON, PRESIDENT ~The filing time as shown in the date line on full-rate Sage Pe ecsk CABLE BROWNING = SITUATION PATRONS ae | : DL = Day Letter NM | NL = Night Message Ta Dight Letter LCO = Deferred Cable J; C. WILLEVER, FIRST VICE-PRESIDENT ‘\ NLT = Cable Letter WLT = Week-End LetterSo day’ letters, and the time of receipt at destination ass shown oonn all messages, is STAN DARD E., +. BENNETT NO.2 OGDEN m= TIME. UTAH = BELGIUM FIFTEENTH THANKS STOP UNNECESSARY FURTHER ATTENTION REFERENCE DEFECTS OU F YCT TENT StGr |MMEDIATE REQUIRE ARE | | SIGNS MARCH EXPIRING. PATE TS. LATER ‘MAY 2 é MARKINGS FINE STOP | CHG 10 LIEGE SHIPMENT NEW N OW = NTL. LETTER PESRUARY : REQUESTED LET EER NEED FOR AFFIDAVIT TO FAVOR THE COMPANY ATTORNEYS FORM BY CRITICISM MEETS LEGAL INFORMATION ee AND SUGGESTION CONCERNING ITS SERVICE | PATRONS ARE REQUESTED TO FAVOR THE COMPANY This is a full-rate Telegram or Cable- 7 sign above or preced- | the address. — aS g | | SIGNS DL = Day Letter ( , ; } Night Message NEWCOMB CARLTON, PRESIDENT NL = Night Letter Ge = pee = Vi : CLT = Cable Letter : | J. C. 1201-8 ITS SERVICE CONCERNING NM = gram unless its deferred character is indicated by a suitable Ra SUGGESTION @) a ON 3 CLASS OF SERVICE ee AND CRITICISM BY WILLEVER, WLT FIRST 5 VICE-PRESIDENT = Week-End Letter eae TIME. on all messages, s STANDARD The filing time as shown in the date line on full-rate telegrams and day letters, and the time of receipt at destination as shown Received at Main Office, 2406 Washington Ave., Ogden, Utah TWENTY MUST JANUARY : t é ; WESTERN UNION GIFT ORDERS ARE APPROPRIATE GIFTS FOR ALL j .a) | . |; OCCASIONS i t* 2 : 2} ; '¢ —— es ‘ ~ 4 _ 5 € ‘i 4 ~~ ; ‘ ) j » ; ‘ ae << t 2 : VY . 3 '; H January Val A. 20,1951. Browning, jel eium, 3, Madd One of the mos’ important me’ Or proving mead effort : mataakio geen 4 are el. ge ati vor to th ‘ a could your on certain informai even i a gt dagcth = am turnin extent, but will 4. base si nk “over th cP “ actors wi ll a0ture eae: of We of course know advice ate the are or both After that & number of years Unele John was ¢ outline that not, as an into the suns in various ine 1t over but the in your ordinary point is min event we should lose threatening to enter and our has and yoour you ig the suit, a counter gradient included such improving parts. mechanic, ways Will the chang ‘eS you can think of havine * various ways that Browning actual iv’ in the Opponents are the what are ene coins ¢ you assembli nes is the various officers and department heacs varietfes of me als used and cghanging manufacturing suit fact beyond Will try t% consisted of Our oppoon en 6 we take no actual pe inspectors, and that y md our cunsS, We know this is not the case as with the items as our Brownings work end of the guns which we Defee! serve there for time when Suit in our “Gun tha 6 point end “from House believe you establésh the pnt Dean over fo back t the6 training OF der efforts you kK* hs 1414 7 either and your @eninere out an a wr ite us into tho S86 CUNnGs I understend that our suit for large damages because or our havi ne cirevulated the news of the law suit to jobbers, dealers and newspa ners at the time the sult was filed, In fact they filed a complaint of such an action to so alone with the ; * oy % hd ; present suit, “but have try ° the the Judge ss AEADay ie turned it ata each wie down on Sab with - Pare . yx a the statement to do 2 , a, that ae there would be vienty time in the future for them to sue if they cared to do sO, This is all the more reason why wo must exery oure selves to win the suit end, as much as we dislike suits, we shall to & case where, in effecte and as retain you our know, optimism we | is long sue enouzh had to Yours sinoerely, suit was or passed hand on them dy % 80% our 7 attorneys BROWNING BROWNING INVENTIONS STANDARD EQUIPMENT U-S-ARMY ARMS HEAVY MACHINE GUN LIGHT MACHINE GUN MACHINE RIFLE GOV.AUTO- PISTOL FOUNDED COMPANY JOHN HERSTAL Lez LIEGE, BELGIUM ¢™ ns ST. LOUIS, February Marriner M. Dear Browning S. Browning Co, Marriner: Yours of fhe defect encountered January at 22 condition Houston, regarding mentioned was while mail order in your Harrison house suit. letter, which was with was us and Will turn the matter over in my mind as you suggest send a statement within a few days on the subject. and before Mr. Ed ton. will A, & M. I came with the company. Browning went through the As I recall, guns then on Harrison and hand at Hous- e Copy of your letter of January 20 to Val on the same It would seem that a detailed subject is also acknowledged. statement from Val possibly supported by a statement from he factory might be of value in this connection. JER/LK PLEASE ADDRESS ALL CORRESPONDENCE TO THE COMPANY, ST. LOUIS, M.BROWNING and M.S. oat 1870 BY MO. 2, MO. 1931 BROWNING ORAND UM January TO 4 Vr ° From: Mr. E @ (} e M.A. B ennes 20,1931. Ge Browning, Order House Law Suit i hand you herewith certain catalogs wh ich may be hed pris in estabiis shang our rights to the name Br owning, or at least establishing the fact that the others inv folveG. have no rights to the name, 0 catalog covers sun parts of the J.St is ee Ens Siig SVC Ars $3 Co. Fromits appeerance the catalog is o14, sl though q have not been abl to Giscover the date on it. Those parts applying to the } ing Shotgun ¢of Browning design arc listed on pag we. J have iied to find the name Brownii ng mentioned, as I have pest failed bo Tind 1% on two other Savace cata.ogzs attached her = GOs An o1éd NSreto. attached time our east Wi ths 20 there Winchester carbines er sale onc ‘inchester no mentiou changes ends gauge , 7 of “This” eirou seems Another Company. to repeating be the Remington ar apparently shoteun no mention catalog attached Although all was of the are basically Browning design, about have Browning in pu int id Browning hereto of was beine is in that secs of lever action nothing connection ‘therewith. —g connection the rifles seems Also to be made such as berrel Beier and and abi7 repeating shot suns are basically Browning desien, ig Srownine. I say basical oo: the perma: that been there- styles of minor fore- & $8. Attached hereto are two Urownings Bros. catalogs dated 192.7 and i927, It is noted that wherever guns of Browning design are Listed, mention - nade of the fact that the suns are Browmine patent even though the suns are manufactured by other companies, Tt is noted tha the browning Bros. & prominent place, with the first page, to shotguns which were being imported at that MAB: MS Attention P.S, -Shotla be.called chester Company “purchased patents “trom inventions manut factured by Uinchester. has never so much as stamped Brownings jo 1927 eatalog the Browning time, She fact gcives Automatic that the Win- Browiing covering all Browning To our cnowledge ,vinchester Patent on its CUNSs January ¥ ret hictinden 20,1951. > * i 3 a es ete TET Y to Pes ry Ove & < Mee ? otur vile fe be of * Jt nev U me,bak: et * tHe i a iste fin? Pe en 26 es TehPE Aee: tan | 2sUE beer Th -fe c . tz oe " J ae O7 of? ao ade gs tuk REND PES bas OB het iG. ne Sr ¢3 he re ar ‘SRF cee a aie -_— ts & Pa te ii . a nly she Yan WEL Se A ors ake i HF kv shis ¥ z Se ew | @ aS # $F Sa yar hee C1 ae BD Vou Pick > Gece eS “HAN ig CS at. 2h cf THe + Ge? tah a Edie 4 Se > eare bf Nas 4 bp ba te cai 3 Ne all ¥y43 + 4 +} Wa Pe, ee 4oO ao ta seekds F Ot. 1 iS €% 4 “hat “WELEL YU ds and impo Sy tar Lt One, We Woe alite Dwhe e aL January 2lat LYS. Reboyeaianiates shigan Wood Avenue, son: Peis the si ol¢ files, ontalogs, of the s hen Pt 7 destroyed, but Mr, Browning ms, fh uf J Broming Brothers 1 OCS ted Sav a: pal (es atten | vith his memorandum of be 3 o° any benefit to ee but . best in perhaps 1902, ‘ fe to send if the Yenture * them 2 forwardins rn ~~ a 3. ee -— a id to ot: rheaom mec herewith, mew that together these will PF ¥%,. @ _ ws vou. mail order hous itioned any Brownine gun . 2 genuine Brownine auto ** it in their atelogs only the short period importing this automatic and thet threnfter 1 388 the that matie end thes they hed that the Brownings were they had the : automatic listed 1’ t catalogs as 4 vemington. in thei We this for the reason that application for patent for the Stevens repea ter wae not filed until July 10, 1903 the patent issuing Feb« a if think ruary 7, 1905. This is Patent No. 7817 65. You will *ind it in the patent book left with you by Mr. Russell, That would be the only other gun thet we ¢ould poseibly th ink oP” th Gt the entelor houses at that seneral period wou ide be considering in connection with the S80 Taxy4 name "Browning", graine” was not sun edYCti hood af teer a $tech ed to this Arms Company Py gh oe the Stevens Con npany end after ¢ Captain Crogsmen had eontes t by sugcesting C2 oe name "Stevens-Browning"for the cune fn Une 4 Sage ©! AD bain Cross: non, as you nO’ , is supposed to be an eutnori ty Or so If, t nas the written books on subject, and hed an at article in Sportsmen Deal Crs whe Guz ail azine a month two aco sort of ridieulin Pa Tie Srowntacs to cuestion the of use of the word "Browning" in connection wi th the Stevens repseter,. Ne undertook in the article to justify his naming the eun the “wteveng-=Browning” end 1 heve wone red rhe her the other people ws Fin Gould use him to adventace as a Witness. feiriy friendly, POR by Cif theuch, with the Browning Interests end i do not think Oet! ‘a. would ne written h @ article had it t not been that = have + — tiie | td, CITT ne nai r : ey : ‘hy 3 <a eRe ; WA & hi is SY ey hers rast < Or 2 lt is my un ers ta 4 % 7 ey Y he Tae yt i i Some tor t “nt < | } ay ae *F Se te 7 mye r + ere a eh £ Russell sent you a copy of this article, but I Citi ‘oi sae to Linge q es is *. T, fy zy Woodson foe for their not find and Me cosy one so In S. thet in your it talking Browning, mey be with wisi files, it ond avela&able are a ¢ Se developsit a interested little in steal you do :ieaall of — des it. later if the ‘er the Pabrique Netionale woiskataned’ a youtant wd th ese je éia ve Se Browning against the J. Stevens Arms Company selling the Browni the with shoteun repeating patented natent” "Browning's thereon words ii es a e ie remembers further of Je Ms Browning makine e statement thet the Stevens Arms Vompany was making such a poor Job on the sun thet he to see them use the nawre of “Brownine”. He further etated Mv. ty John on ge ouy Se ecucet of J. Browning, whom you desisted in the M. use end ofr met, HM. he he SS. Browning, Ames stetes ie the reviewine that he J. Stevens the Arms matter wi th remembers something Aina te ee tty such3 e@m retter. isos“ ta ie Brown TH g the bro the @ or Je u « & Bromine, will no doubt be one ve “11 wast to keep in mind “itness if you desire to eo into any of: the 62.4 re + Pans~ a, he In Piel - G vars ee m3: ae HiSe Fe in pe, Ye e Looking shop bod: aces for old43 $04 were oe — cntalors from the vi are or we ran original in e Gated peek gun as Very Ee truly Ge yours, Bemett Pt RES Aah Snelosures shop far ~o es certain: of Jonathan eae +, 1834 aioe * Res Am enclosing eopy of en ad of Jonathan Browning the Zanesville, Tova paper, September 19, 1649. at in serose Pe THEN ‘vt waw ae ee a sae al end MEMORANODUM January To: Mr. E.G. Bennett. From: Mr. M.A. Browning. 19,1931, As mentioned over the ‘phone, I went over to the shop today with a view of getting certain information helpful to the pending suit and trademark, but was unable to get very much in the way of old catalogs. As you already know, the various arms companies in this country, up until sometime after we commenced selling automatic shotguns, always sold their guns under their respective names, even though the guns were Browning patents. When I went over to the shop I had in mind gathering up old catalogs of these various companies with which to prove the aforementioned, but find that they have been destroyed. Attached hereto are two Remington, both of which advertise neither mention a Browning. catalogs from Savage and a Browning Patented gun, one but from It is quite likely that such old catalogs and advertising matter are to be had, but the question is where. Of course the respective companies would doubtless have such advertising matter, but the question again is how we can procure it. In talking with Mr. J.—. Browning, it developed that sometime before the war he remembers the Fabrique Nationale having registered a protest with J.M. & M.S. Browning against the J. Stevens Arms Co. selling the Browning Patented Repeating Shotgun as "Brownings Patent", He remembers further of J.M. Browning's making a remark that the Stevens Arms Co. was making such a poor job on the gun that he disliked to see them use the name of Browning also. He further stated that, at the request of J.M. & M.S. Browming, the J. Stevens Arms Co. desisted in the use of the name. In reviewing the matter with that he remembers some such matter. I, lt before, nor have I been able to find taining thereto. name With respect Browning, it might to be Mr. John however, anything establishing our of some interest Browning, he states have never heard of in the files per- right to the use of the for you to know that certain tools are over at the shop, which tools were from the gun shop of Jonathan Browming. Some of these tools are dated as far as 1854 these would be them ready. MAB :MS and have his name stamped of any use in a trial, we thereon, Should you shall gather them up original back think and hold ROEBUCK on nothing has teun ceiver) OVA TET MONTGOMERY RALVRTITICE it has resarding Browning. words "Browning the WARD eT AT Automatic the has "Br barels Nothing on the i receiver) Pump Gun receiver ouees WO on pump it ras gun ge tit BE Soe has P eae a & re R % pn, Sut = oe é WiSTERN i BROWN Ne Suu La 2% 3 h ths He PAs Bi om wet en marl a << mot fe Ore *§ *a ee ees Tile 1S Ore a ee JOR eeape Se ae woby af a‘ent & © 3ge oe aie ae ee a apres eo re § food gon ty & @ z 6 .ue¢ ao report is 14t hotgun nee. eh i pe! "3 t ay Pump Gun (old receiver) barrel Pate: nt" words " Ret 23 | ie ate $ purnp « ie 4 hes e ee ey regeriding | Brown iLOM the * the a ame) roecsiver the ical Brow¥E ni Ki 7O8 On sis fed Pov Ses Bik ee) % ESOS t? Cad - iGqer # \ ar a fradene rie, hap no 7t Pipe Brownine”. Field ane ee hes FTI BROwNIM oT oo hee A fi Mrs We Se “Moyes purchnsed automatic shet run from the ao Vontcomern yard of ; 2p “ ter uber, 1930, in the letter pe 4, a ‘i oa Peine et the same the seria. number vil being 1769. Dr. thi aot: ba. time HUTCH ASSad of ~enree oe buek, a Cevien PP tae oe ‘ stere F ae _ Amy | te tee es, the ahs vO jay 7 tw D3 TAF in &.. randy Pa gem Se Re eh ar “et 2% Pee te + A 4 ¥% gh Be PT ¥ on , ee Ser 1S. ER 8 yo GEES Me CH SAE ED ero nese i“ : Fi) Slips for these tT am wiring him thay heve not ale es £3 & to> & heat rb eh ha bra uF tut eS " ae. 4 ae Jame ry 2let 19:31 Mire We Te Le z 2 @ i : i ¢ higen Ohieago, Woodson, ‘ ‘\wenue +llinols OoOd SOR: upon receipt to forvwerd the Referring to Stevens Arms thereof had your Latter Attorney M. =. of Company “Pile it appears thet the Srownine eutomatic not usec on th now covered by petents. The sanantne Frenay end tans Greeve, Jaminry “Alsen wire direct course in foreign foreicn has now countries. our automat countries but unpetentable now beesaus not cutoff safe : the was United toa automatics that are was patente’ by Henri pa tent * re of 15, Bt patented States, anc the by the of courne Brownin is. 5aen in your i: “ier Se ington Ares is 2 o true ; ¥4, £110 Dy “Sposnings” expiration least £e of thepgnsey period commencing of about s year . esata atts sold in to 1% this ss Amantry an the 8 that end not they expects when the %e uncer the rowning & ss ey Sat ond “Brorni san rls started a people end only ' va att in 1923, the genul it ; 3° referred a by 1904 pate: ats, ‘ ‘7 the statement that sutometic shotguns eminztona” patents it LAd Abe, WAV 4% ? orrect in Compeny manu fnetur ‘ed letter. bok 67 10 Browning > B02 automat vere ich pe AGI «VAST eSaL SHG 1 ves sutoloonder btnown as rather the than | 0: manu hake, nen” Ox, “Semington™ an eutometic Ker: faetured Ge YB BUYO~ Gite end they ht T. Woodson The period of time cess. The that only but Vinehester automatic has not been 7 at tanpt people discontinued that it hes put out been senecrally because an automatic their menufactured by *. N. and to gun ea “Browning” gun cell fora was not distri hut oa gm a a short site "Browning Brovning Company, is the gun muufactured by the ae eee arms Company not come on the market untii the past year sj om any we have beon able to uncover to date it would sppear that call any lates * n reference Browiing patents) was in 1926 or 1927 wh On the Stevens Armes Company ried bo call their repeating shotgun a “Stevens-brovning”™ enc we sin ate a wo that Cave thet was net heen disco ixchacann ad after a eble to gneeék this sigue Sua may cae defini seevens catalogs siace that tim 2 i from the testimom e their csc pa her he ym of bee pomeambers ~ 5 aemt: nz etninst the J, Stevens Arme Company iD vbere of - J e Me i : king the statement that the Svevens arms Vompa iy vas delaa such a por iob On the cun that he disliked tosee them use the name “Browning” alse le further stated thet at the recuest of J. Me. ond desisted in the use Me of Se the patent” has of & course been Ter end : you in another Lette: Bie Ge Orn nS ', recalis that sanetiz be ore febricue io ele recistered: « press 28 | 2K the ae dons is BrOmMine different the pest than severe. b be a a res ae ey Be. ¥ 8 * Seitassell +. so *¢ a en advertising FOares HM, Browning, or bead ined Very ds the It is hs epee Compe ry "Browning's the gun our re as y — ac k ¢ houses in salts repeater were “running in gees type the statem at pe tonts of John e 1 Les i the gun, ¢o rhe Te LAY hia ie Vine ae Ciigr truly G& the it, femous inventor", as a Stevens repea yours, Bennett e a - hi? teen - pO 4 i Ye APY 42% ek a. Ge Sk % ay STI PILE SP a ih ie ie * ae Sara be o iis OL 8 | BROWNING ARMS ST. LOUIS, COMPANY MO. ," March 18th, | Mr. E. Ge Bennett, First Security Ogden, Utah. Dear Mr. received $7,500.00 1931. Corp., Bennett: from and Enclosed herewith is copy of letter just Mr. Woodson. We shall deposit the check for shall await Ward's invoice in like amount, Please do not worry in the least over the last paragraph of Woodson's letter concerning my feeling over the settlement. I am certain that Rogers office is entirely satisfied with the fee agreed upon and Woodson's letter only indicates that they hope a like feeling is had here. My memorandum now in the mail to you will further explain this situation satisfactorily, I am sure, are also JGR $ EM, My personal relations with wholesome and most pleasant. P.S. Enclosed is also letter of the 17th. copy of my answer Rogers office to Mr. Woodson's COUNSELLORS AT Chicago, Ill. LAW March 17th, 1931. Mr. Je Be Russell, Browning Arms Company, 1132 Spruce. Street, St. Louis, Missouri, Dear Mr. Russell: MontgomeryWard I am glad to enclose a check for $7,500.00 and "In full Browning in U.S.D. endorsed it Company which states: settlement for all Arms Company Court vs of Utah, The check is made payable to the order damages Montgomery Equity No. out to of the in the suit from of Ward & Company 12132." our firm so I have Browning Arms Company. Mr. Cromwell has promised to prepare immediately and forward to Washington the necessary papers for withdrawing the opposition, so by the time the decree reaches Mr. Thatcher,. I think I will be able to wire him to go ahead and file it, Just to be on the safe side, I want to again caution you that the Browning Arms Company is to have nothing whatsoever to do with any publicity of the decree. This was the understanding at the conference here. As far as I can see, now that Montgomery Ward & Company is going to handle your guns, I don't think you will want to advertise or say anything about the decree, I hope that you feel good over the settlement, Allen Reed and I both think that it was a wise thing to do, inasmuch as you got all and possibly more than you could have the case had gone to trial. Yours sincerely (Signed) Wm. T. Woodson. if March iy, WilliemT. Woodson, 122 South Michigan Ave., Chicago, Illinois. Dear Mr, 18th, 1931, Woodson: This regarding will Montgomery, Ward ecknowledge end Company, We acknowledge your letter of March i7th receipt of their check for $7,500.00 endorsed by your firm and payable te the order alse received the following enclosures in your of this letters company, We Gopy of the final Decree in the Ward Case, Copy of your letter of March 17th te Mr. Thatcher in wiich you returned a news item to him concerning the Crescent Company, Copy of your letter of March léth te Mr. Thatcher in which you enclosed a Consent Decree for filing after Ward's oppesition to our trade-mark had been dismissed, Copy of your five page letter to Mr. Bennett concerne ing the settloment with Yard, I understood from you over the telephone yesterday that you considered the phraseslogy of the Decree prohibits Ward from continuing their practice of having the words "Browing Patent" and “Browning Design" stamped on the guns they sell, This, of course, was the understanding since I recall Mr. Fullerton as stating they did not think this was objectionable whereupon we informed him that it was perhaps responsible for more instances of confusion than any other single phase of the situation, the Decree Ogden nas been requested and none will be given hore, to give no publicity to mont in both I personally feel very satisfied over of these cases and I am sure Ogden concurs the settle+ in this the Stevens Sheil opposition, sonnected feolinge be interested in developments with PAGE 2 ~ Mr. Woodson, Chicage, Illinois: When you think well to remind Cromwell the time is opportune, it may be that the use of the name "Browning" on Stevens Repeatinand g Automatic Shoteuns is not to be continued, Stevens will likely claim that they have a big quantity of these guns @lready made up and I am inelined to think they will continue te use the phrases “Browning Design" and “Browning Patent" as long as they can, As 1 recall, however, it is your opinion that we can effectively request themto discontinue this practice, If these gums are marked in this will continue since it conveys the impression that concerned among shooters thet use the gum and also opportunity for retail clerks to take advantageof in effecting sales, from Mr, Walter way, the damage Browning is affords the the situation Upon returning to St. Louis, I found a letter and enclose a scopy of it. I have not answered Walter and shall await your suggestions before doing so. You will recall thet Imentioned that Walter stated that he had written te me and that I understood from Walter that Stevens hed somewhere around 500 of these guns made up on which the objectionable wording was stamped, Upon reading his letter, however, it would seem thet I was confused concerning the amount of guns since he refers to the model of the gun being 520. I told Walter that we would not object to them selling the few guns (I understood there were around 500 such) but that we would ask that our name be left off of guns until this manufactured your hereafter for Sears account, AS stated, however, I shall not answer Walter suggestions are had and would appreciate your advice connection, Sincerely yours, CC JiR: EM, to Mr, Bennett-Ogden, General Utah, Manager, in SBARS, ROEBUCK AND COMPANY Chicago, illinois. Mareh 12, 1931. Mrs ds Be Russell, Browning 1152 Arms Spruce St. Louis, Dear i. Company, St., UO» Russells You will remember when you were here I dictated a letterto Mr, Hickeyof the Savage Armes Company asking them to take off the name “Browning Patent" from the barrels of' all shot guns that we purchase from them, i am in receipt of a letter today from Mr Hickey stating that the barrels of all their No» 520 Repeating Shot Guns are stamped with the words “Browning Patent", He further writes as follows: “As you undoubtedly know, purchased from John Browning about the year right to manufacture and sell the repeating is embodied in the #520 repeating the Stevens Company 1906 the exclusive shotgun design which shotguns. The Stevens with the Company paid the Browning interest royalty on these guns during the life of the patent. We, therefore, have ha d and continue to have, the right to "Browning stamp the barrels Patent", “Due of to the maintain ample quantities these shotguns request words of your organization that of the #620 repeating shotguns on hand we awaiting your orders,we now have a considerable number of these guns in the various lengths and gauges, in our finished gun stock and all of these guns have the wrds “Browning Patent" stamped on the barrel," Patent" question “We plan to continue to use the words “Browning om the #620 repeating shotguns inasmuch as there is not of our right to do so and Shotguns the words we trust that you will to cowoperate with us by continuing to accept your Repeating with “Browning Patent" be willing #520 type Ranger stamped on the barrel a . envelopes for He then ends his letter "We have issued instructions Ranger Repeating Shotguns or by stating as follows: for that no labels Ranger or Automatic Shotguns shall bear the word "Browning", Also that your Ranger Aubomatic Shotgums shall not bear the name "Browning"," My dear Russell, it appears that in the manufacture of their #520 gun, which is the same gum that is made for their other trade as well, that theygo ahead and manufacture the gun in every way, shepe and form except the final branding of name, Ranger, Western Field, or whatever the name, and then when the guns are ordered the gums are taken out of stock and the trade neme applied. i am giving you all the information above showing you the Savage Arms Company apply this name "Browning Patent” in their course of manufacture and, therefore, all guns shipped are branded accordingly. gotting the guns I personally see no objection, friend Russell, in the way they are turned out to the regular trade, with the name “Browhing Patent™ stamped on the barrel, and inasmuch as we are not going to use the name "Browning" in any of our catelog copy I can see no objection where the gun is shipped out to the consumer after the transaction has been consummated, and up to date we have not been able to get the manufacturer to take the name “Browning Patent" off the barrel. The next time you are in Chicago call me up because there are several little things we would like to take up with you regarding the further sale of your gum, With the writer's kindest Yours regards, we are very truly, SEARS, ROBBUCK AND CO, (Signed) C, A. Walter Merchandise Sporting Supervisor Goods Department, ? % he a, “¢ oe *- 4 ae @ bf if at cau ee shah: ME a EOE ae av é # 7 ony 3 & eas oR epne ete Fae R iy Pag 2 4 nie ek ha Mf % % vs OT} wf Ndods 2 oe % yf fa chars oe at % Rain e % 4 ea gh vt a vo x gn a he Ps ea” 4 Neate JPa 4 PY a3 SS a4 LS ©) a 1) wh db owledge Suns bill ne Tr ¥ 4’ the ou. Ly o Ht. fre iL => > will > & ev ré. ' your £o Lr ig OT SU ji ch 4 aoi 7 a6- TS n OL ~ : cal 3 Us FOES BEY "Brown Four ig Rags let Spehe i com) ae ng & CA = fe) 2 s eae aoe =a J dis > » 5 ot. VT U > Oo ed 3 @)ut TON. COTBy Vvod before Us N we al we 47 5 le oY, 3 th e ? may fm OUT tl iis S offer, for ' boo k care eference “we aS COP% / 4 to g¢ to 4h, : he $ tan din &: 2 aor) No ae Py, £ CA } ll chs Nave 6etror t r= VW d { Ne +Us naCA t :. i se we oa f “ae a Ty = a n . your be | TT / 2 ef e Be & wu & ee @, 3 our a) catalog ok 4 = &; GO ion lv ad ord A, S some OF-6 1} ir 16 {> A i logue, 1 ae ~* 6nVo ssur Four - * 2 2 ee cehpes ws u @) r 9 s HE Cn. BM 2. 5 6 nt J fon rns thes a =| — + \ e/ a a P ” 4 > * Gaus <3 e 3 ry? / Fc RE 7UnS o f * W Z han LC qA led..«c & , are rae D ye TAIY?Y 7 oOo cy 0 4 OWNnLNnES< 113 &G cs k ral i\ we &~ apSS Se 2) Lad Company T 3 ryt Ld a ¥ Y 2 ° ¢sreeme ment g é 4 > our » ae in our LE2 Lr 2Ze ee 5 as 3 mderstood rm BiSO the 7 ~~ re i in 2 dj LSDia cs oe ¢ Oo Ls . > 4_ Das to bas ord r} . SS a emp t£full ™ S ert WV ¢ '@) “4 xy y Autom atic A G- a ©) © > you Ea 7a imenexSs ‘ ~ th a t:.0n é oe a bove ‘ IQ LY C ke UnGer: ee] iPr |) ‘ pers 3 Ietobs = * — rs Vc I ew Vy y “ brut ot ae vy V $ v/ ao CA ns MEMORANDUM 2/3 r ( The following memorandum is dictated with a view of making a record of the details in connection with my recent trip to Chicago, ) Mr. Woodson's letter of February 25th was both a convenience and fortunate since it was used as a basis for opening negotiations with our Attorneys regarding the suits against the MailOrder houses. My trip to Chicago had two objectives: First, satisfactory settlement of the law-suits and second, practic al and satisfactory arrangements under which our guns would be listed in their catalogues and sold through their retail stores, follows resulted in To the accomplish the plan outlined: above objectives, reasoning as Upon reviewing the situation, it seemed logical to conclude that Mr. W. H. Ford, Buyer of Sporting Goods for SearsRoebuck & Company, had prepar @ catalog edue copy in which the name "Browning" wes misused and it was only human nature for one to justify his act and if Mr. Ford should be called upon directly by me, he likely would assume an done as well as changing and Summer Catalogue. attitude that plan that as would disclosed justify what in their new had been Spring Furthermore, if these lawsuits were to be missed satisfactorily, an agreement would have to be made with who were really responsible in that company and not a Buyer of minor department which would result of heces sity in Ford going superiors. disthose a to his I somehow felt that the management of that company could hardly be familiar with the facts and countenance the practice that had been followed, If the head or heads of the firm could be approached and the facts given to them, it seemed that it would be more effective and perhaps more satis factory in every way to have the change started through them and go dow to Mr, Ford. Minor employees, such as Ford, in a big corpo ration, as a rule readily acquiesce in the requests of superi or officers especially general officers, and so felt that any antagonism which might develop from Ford as a result of going over his head at the beginning, should be forgotten, Our Attorneys have been negotiating with the Attorneys for Sears-Roebuck and for our Attorneys to disregard the Attorneys of Sears-Roebuck and assist in going direct to the principals of that company, perhaps involved ethics of the legal profession that served as a barrier, associate, Company. Wood and, lence, had met it developed General Wood, that Mr. President Allen Mr. Reed readily consented to get if possible, arrange a conference of in at Reed, Mr. Sears-Roebuck Woodson's and touch with General the General's conven- This was done and through General Wood, a conference was arranged that afternoon, February 26th at 2 o'clock in the office of Mr. Nelson, Vice-President of Sears-Roebuck and Company, who has charge of all the merchandising practices, as I understand it, General Counsel concerned, would for be General Wood Sears-Roebuck present at assured as well that us as that Mr. Livingston, others in their company conference, This conference was held as planned in Mr, Nelson's office, Those present were: Mr. Nelson, Vice-President, Sears-Roebuck, Mr. Livingston, General Counsel for Sears-Roebuck, Mr. Charles A. Walter, Merchandise Supervisor in charge of Sporting Goods as well as several other Departments of the Company, Mr. Allen Reed, Mr. Woodson and myself. After the usual preliminaries were over, Mr. Nelson opened the discussion by asking me what I had in mind, Nelson impressed me as being a very fine type of man. We sat opposite each other at the table in his I started to discuss the told him what Mr. Ford's action in this matter. office. I told him the use of the name "Browning" attitude had been and just | story from the time with Mr. Ford and why we had taken L explained that our purpose was not one of persecuting Sears-Roebuck and that we could hardly believe that SearsRoebuck knowingly would countenance the practice of misrepresenting their merchandise and our name to the public. As the story progressed, I could tell from Nelson's face that he was interested and felt that his convictions were sincere, When I had finished, he promptly agreed with everything I had said and further stated that he had not knownthe facts of the matter. Mr. Reed had already told me that General Wood did not even know we were suing them, it if we would edit Mr. their Nelson went catalogue so far as to copy wherein say he would the name appreciate “Browning” was used. At this point, Mr. Livingston strenuously objected and stated that he would not agree to any such practice, that Sears-Roebuck and Company did not need Browning's assistance nor did they want it and that each company should run its own business according to its likes. Mr. Nelson, with equal force, told Mr. Livingston that we could edit their catalogue so far as the use of the name "Browning" was concerned and that such a practice would be followed if we so desired, whereupon I assured him that we would greatly appreciate this consideration, in fact, uncivil. From this point, te L 1p was very antagonistic; I thought I could see where he had carefully instructed the Sporting Goods Department to change their copy without his client knowing it so that this copy would not be legally objectionable and then with such a ruling from the court, flourish the Browning scalp before his superiors and thus impress them with how valuable his services were as their General Counsel. The plan, as it was working out, was defeating his purpose and costing him a nice fee, He plainly did not like this proceedure, When we had arrived at a common mind regarding the lawsuit and since every promise was made that we could hope for from Mr, Nelson, and pleasantly, too, I ventured the statement that if we were thus agreed and since we had changed our sales policy, we would consider selling our products direct to Sears-Roebuck, whereupon Mr. Nelson suggested that I go into the matter in detail with Mr. Walter. I had taken a Superposed Gun with me to Chicago and proceeded to disply it to those present. Mr. Nelson proved interested in the gun, took it, pointed it, admired it; in fact, was plainly impressed with it as were the others in the room except Livingston, who kept his seat and showed no interested whatever in the proceedure, In fact, said he was not interested in guns. After the gun demonstration, the Attorneys began discussing the legal side of the question and Walter and I left for his office. Before doing so, however, I shook hands with those present and expressed myself as sorry that I had not met Mr. Nelson before this difficulty arose and he quickly answered that the, too, was sorry that I had not come to him when this difficulty was first encountered' and told me that ‘he was sorry and they had discharged Ford long before', Ford was discharged some months ago; something I did not know until then, however Nelson further stated that if Browning ever more difficulty with Sears, that I should come to him or General and that any differences could be satisfactorily settled. ul had any Wood Walter and I spent the balance of the day arguing over prices and policies of Sears-Roebuck, he insisting that Sears could not list any merchandise on which the regular price was not cut since they would be at a disadvantage by doing so. I maintained that this was a situation which they nor us hadnever met before and that twe: were justified in maintaining our price; in fact, told him we would not do business on any other basis. He finally believed me and do a credit would sell its guns to Sears and that that they would have to the Walter their insisted that they would they would have to merchandise sell to on credit usual practice was lawsuit was our price, settled The resultsof Friday, and that Sears-Roebuck 10% mark-up. sell guns on we be at agreed listed that business $49.75, credit at at Browning $49.75. and whereas least stated on however, were that the would catalogue our guns a at March lst was the dead-line for changes in the sears’ Catalogue and we made an appointment for 8 o'clock Saturday morning. It developed that both Walters and I had developed new angles during the night. suggested that get very far. tried The Savage Gun was discussed the day previous and I they eliminate it from their catalogue. However, did not I again suggested it Saturday morning whereupon Walter to sell us a page ing that discount they they were were the proposed lay-out on Chevrolets andfon 33-1/3% in the catalogue for $18,000.00. He showed me of two pages which will be run by General Motors which General Motors has agreed to pay $47,500.00. Walter, of course, wanted longer profits, explainmaking almost 50% on the Savage Gun whereas the to receive on our gun was 25% off the retail price or on their cost. Walter raised the question of the Over-Under Gun and wondered if we would give him a bigger profit on that gun and talked of a 40% discount. I, too, had thought of this gun but had come to the conclusion that we perhaps would not have enough of these guns to handle our own orders on which no discount would have to be given anyone. assured In the meantime, I had talked with developments in Chicago were approved, that Ogden and was i explained to Mr. Walter that we would be glad to have them handle our guns in the retail stores in the larger centrsand would co-operate with them in every way we could. However, explaine that our Production cost was not stabilized and it ws possible that we might find it necessary to change our prices on this gun during the year and he readily agreed that such a condition would sutomat ically bar this gun from consideration, so far as their catalogue was concerned, I told him we would give the matter serious consideration for another year. This arrangement seemed to entirely satisfy Walter and so our negotiations narrowed to Ghe automatic line, Considerable time was spent arguing on the price page and I mentioned that no charge whatever should be made for it but that we would possibly consider paying something for it if they would agree to elimina te the savage Gun completely and furthermore if they would agree to elimina te all reference to Browning or Browning Patents on any guns which they sold which were not obtained direct from the Browning Arms Company. + a whereupon later I assured called that necessary. 8 i A j _’ © To both of these proposals, Ogden regarding the taking of I might pay $12,000.00 for the Walter a full page, finally agreed page and was if it was found I then discussed developments with Mr. Woodson at his office and he saw no legal objections to proceedingswit h the Sears deal so far as the Ward case was concerned, though made certain suggestions that we should follow so as to avoid possible subsequ ent embarrassment, them exclusive For mail-order instance, rights to Sears this wanted gun and us I, to of agree course, to give refused to do so and they do not have any such understanding at this time that we will give them exclusive mail-order rights. I did tell them we would give the matter every consideration before changing this plan but made no promise and there is no mis-understanding our position regarding this matter, office and discussed him $8,000.00, ference doubtless with We Walter. a good I called Walter over the telephone from at length the page in the catalogue and finally compromised Whereupon Mr. Walter merchandise man I went at $11,000.00, to Sears-Roebuck for knows nothing about guns. but wholly unfamiliar with Woodson's offered another cone He is firearms, ing the Up significance with plenty of and I made the Industry meant to of the salt. We statement as much this name both that or more Without point had the he had "Browning" been name than taken my in the argument Firearm regard- Industry sparring around considerably “Browning” in the Firearm “Edison” answering me, in the Walter Electrical asked his world. Secretary to call General Westerfield. ( I did not ask him to spell the name but this is how it sounded, at least. ) We simply waited for the Generals appearance and immediately after I had met him, I repeated my statement. I asked the General to correct me if I were in error and his answer was that "I was wrong, since Browning amounted to infinitely more to Firearms than Edison does to slectricity., He apparently does not have any too much respect for Edison's inventive ability but considerable respect for his advertising ability. or fifteen means minutes in the The General then took the floor: for about ten and gave a splendid discourse on what Browning gun business. He was associated in the Ordnance Department with General Williams and kmew Mr. JohnM. Browning personally. He had been through the Plant at Liege and knew guns from a to z. He displayed real pride in the fact that he not only knew the inventor personally but had worked with him apparently in an intimate way during the War, merchandise, Browning Gun completely products. verbally: and they this Company if to The old General urged that Walter obtain more possible, "with a soul" such as he considered the have. After the General left, Walter's attitude changed from one of bantering to one of seeking us and The following policies, prices, etc., were agreed upon allowing would list matter had We would them sales. our guns direct of 25% off the to Sears-Roebuck retail price and our guns at $49.75 in their catalogue. It seems that been referred to their Credit Department and they insisted that they could not and I agreed that they might $54.75 for time payments and deferred payments, we should payment sell a discount our sell the gun on pime payments at $49.75 increase the retail price 10% or to further agreed that if we should sell on also charge $54.75 on such deferred Walter agreed to completely eliminate the Savage Automatic Shotgun from the catalogue this Fall and while he did not commituhimself, definitely inferred that they would likely not list it hereafter providing our arrangement proved agreeable, name copy Walter further agreed that all "Browning" or Browning Patent would be omitted on the Stevens Repeating Shotguns. reference to the from the catalogue The head of the Catalogue Department was called in and the pages in the gun section held up. We agreed to meet at Mr. Woodon's office Sunday morning at 9:30 when copy would be agreed upon and any other details that might be thought of in the meantime. Sears would also revise their lay-out on the Stevens Repeater and we would discuss that, also, At the meeting Sunday, the following were present: Mr. Walter, Mr. Hlberhard, who has charge of the compilation of the Sears' Catalogue, Mr. J. S. Wells, Sporting Goods buyer who succeeded Mr. Ford and who was formerly Mr. Ford's Assistant, Mr. Potts, Mr, Launch, Mr. Woodson and myself. Realizing that some of the verbal agreements between Walter and myself were not proper subjects for written agreements, I took occasion to review our understanding regarding prices, the Savage Gun, etc., before those present that I might have a background to draw from should future occasions require it. I%t developed that we were in complete agreement on everything. The Sears men evidenced a keen desire to co-operate with us in every way. It was evident that they had been converted to the feeling that the addition of the Browning line in their catalogue would add quality and confidence to this department which it had never before enjoyed, which conviction afforeédhe opportunity for us to get about everything we wanted within reason. their copy lay-out in They stated that they had completely revised on the Repeating Shotgun made by Stevens as well as the the catalogue. We agreed that our page would be opposite their double guns and in the first part of their gun section and that the Stevens Repeater page would be in the back of the gun section opposite from their cheaper guns. Sunday was spent until 2 o'clock discussing copy and various matters in connection with the sale of our guns, When the copy as prepared was agreed upon by those present with the understanding that the Sears catalogue men would have the art work done with a view of illustrating a number of our outstanding, so-called ‘exclusive' features and that the completed page would be submitted for our inspection and approval before printing. well ence in All four grades of the Automatic will be listed as as complete barrel lengths. Grade 2 will be illustrated, Referwill be made on the page to Browning Gun Cases which may be seen the Gun illustrated, left took before all of Case Section, Page so and so, where our cases will be fully Walter, apparently satisfied with developments, we had finished at Woodson's office and about 3 o'clock,-I those present to dinner at the Palmer House, Before leaving Mr. Wells at the Hotel, I arranged to meet him the following day after he had had a chance to compile specifications and discuss them with Mr. Walter, arranging to meet him at § o'clock Monday afternoon, Mr. Woodson was to arrange with Mr. Livingston a satisfactory and sufficient motion to dismiss our action against searse Monday morning I met Mr. Woodson and he arranged a conference with Mr. Livingston at 2 o'clock, We reviewed developments and Mr. Woodson stated he was satisfied with everything that had been done thus far. He was anxious to get in the record if possible in Salt Lake the reasons for dismissing this action and particularly he wanted to have the facts in the matter called to the attention of the Court. He accordingly prepared a Motion to Dismiss which we discusse with Mr. Livingston at 2 o'clock, Mr. Livingston was still in an ugly mood and even more uncivil than he was in Nelson's office. He flatly refused to sign the motion as prepared by Mr. Woodson stating that he would not put Sears in the position of publicly admitting of record that they had been guilty of the practices alleged in the Bill of Complaint. He readily agreed verbally that the Motion prepared by Woodson stated the facts but he would not permit them to go into the record. + it seems he had been working closely with Cromwell, Attorney for Montgomery-lard, and apparently did not want to commit Sears in such a way that the reaction would be detrimental to Cromwell in the Ward Case, Mr. Woodson tried to revise the Motion but the further he went the further we were from an understanding. Livingston stated he would resist any Motion other than a simple motion to Dismiss without prejudice. Whereupon Woodson, in the presence of Livingston, said he would recommend to me that I call our deal off with Sears, since he would not prejudice our case against Ward by such a plan as suggested by Livingston, Nothing was being accomplished and these conditions. It looked as if us and still getting his fee if it we left Livingston's office under Livingston was intent on fighting were possible to do so. went to anxious Upon leaving Livingston's office, I promptly Walter's office and explained the situation. Walter was as that we go on with the deal as I was and he accordingly and finally called Livingston. He Livingston and Woodson it looked held over as if several conversations the telephone while I we were safe in going with both waited at ahead. his desk, L then obtained specifications from Mr. Wells for 1,168 guns which represent 100% of their requirements for 1930. It was Walter's opinion, though he did not want to place a definite order, that Sears should sell at least 4,000 of our guns during 1931. Incidentally, our Gross Profit on the 1,168 guns ordered was $10,105.86. I then had a very pleasant conference with Mr. Lice one Wells was elated over the arrangements that h een made since he has recently ens appointed successor to Ford and I feels that the results of his Department will be highly satisfactory which, of course, will react to his credit. Wells is a fine boy, thoroughly sold on Browning and apparently a good shot. my gizk a] He expects to visit all of their retail stores during the year and, of course, will talk guns. I had loaned to him the Super I had taken to Chicago which he tried at the traps with very satisfactory results, Wells will comoperate with this office in every way with a view of preparing Sears clerks to properly sell genuine Browning guns, both automatics and Supers, if we will permit them to sell Supers. Because of the strategic 2k Me in which Wells was placed, I decided it would be good business to give him a superposed gun and told him so. A Standard Grade gun has been shipped to him with a case and with our compliments. pears-Roebuck & Company has 85 Class A Store which are ated J ities over 150,000, They have 206 Class B 1 Stores which ted in towns Srom 10,000 to 150,000. They have c o4 Class stores wa carry guns, Class C stores are in towns of less than 10,000, Walter estimated they would have over 290 retail stores in which our guns will be offered for sale, Qur plan is to thoroughly acquaint thei through the mail with our gun and with the Savage gun ate the Remington gun listed at a higher price, prospects at sg fairly promising, TI t na the th us r on : any discussed for that for eas 7) us and with he they would sale, Walter evidenced only be tl too keen glad itself on Sunday at Woodon's I casually inquired what their In 1950, their volume was Walter has an alert approximately"500,000 and was off at least 20%, mind and quickly asked if we might possibly have ammunitio on. for sale at een offered to some future date stating that the Winchester Company had them at b an attractive price but that they were not interest ed in buying it. fice yearly Opportunity afforded for me to talk to Walter alone and volume,was on Shotgun ammunition. t | they, buy their ammunition from He explained the Federal Cartridges bsiegtna 3 = Meh Ao He gave me details regard-~ hat Western is trying its best ing their break with 7 stern and stated They are under contract to Federal until July to again sell to ei lst, 1932. ates that the ammunition business will be S more demoralized this year than last and that prices will be much lowe He was thoroughly familiar with the ammunition oe en and has apparently been leaving the gun business to others. Nal ter stat Answering his 1 old him that there was that we may bec it: in the production of there was sothie ortas and I was merely L1 He immediately followed with the suggestion that we could perhaps interest F,. N. in the manufacture of ammunition and that if we could produce satisfactory shells at an attractive price, that he would not hesitate to deal with us. At the conclusion of Woodson was present but doubtless gleaned from overhearing anything that was said this very . *Ot! piten. = 0) se cy VeRO i He cautioned that if this we considered that we should be on our toes regarding latest developments regarding primers, etc, and stated that Dupont powder was most popular and wonder ed if Fr. N. shells could be loaded with Dupont powder is « He did practically all the talking and the matte r was sort of left with the understanding that we would botl give it further consideration’ between now and vheexpiration of theeir present contract with Federal, .A PPT a tio ct 23, Pail perc SPE aa f Sap SLIT ILL BEPYO Oi te @ vague possibility ammunition but that conversation, Mr. little, if anything, © | his in any way quote me or our company as aie. int rested at all in the making of ammunition, to which he readilya ed and I am inclined to think that we can depend upon it suggestion, I wanted I told him to Walter that while we strictly understand would that he consider would not He seemed to think there may be some value in the expression, "Shoot Browning Shells through Browning Guns" and that the confidence in Browning Guns may carry over into ammunition but warned that it would certainly have to be good ammunition, etc. a Before leaving Chicago Monday night, March 2nd, I had another conference with Mr. Woodson who assured me that we were safe in proceeding with Sears and that he was certain he could handle Livingston satisfactorily, whereupon I arranged to return Monday night to St. Louis. Upon reviewing the Sears case with Woodson, he stated that the settlement we had agreed upon was doubtless as good, in fact better, than we likely would have obtained through court action. Our case against Sears was not nearly as strong as the one against Montgomery-Ward and furthermore the Sears settlement will aeteraaiiy help in the Ward case. Woodson and Reed strongly recommended that I should not approach Montgomery-Ward with a view of making a similar arrangement with them. They recommend that we reduce the pending case with Ward to a decision and thus establish a precernent and quiet our title on the theme to the name defensive "Browning". and our Following position If they will should such a course not be discover weakened (we are will by keep Ward approaching endeavoring to keep the Sears arrangement secret, in fact, Sears is having our page handled privately so it will not be known to the catalogue printing house settled seek us that is had and future that with Sears and doing business with them, they will perhaps and we can then better drive a satisfactory bargain -- one as nearly as possible “equivalent to a court opinion as can be thus establish a record on which we can depend in case of infringement, hat we have determing well, a deal our has a very rights malicious practice followed by Sears, been made until the last moment ) that we have If they do not approach us, our Attorneys feel satisfactory and promising case not only as regards to the use of the name “Browning” but damages It is to be noted that Ward has continued in their Spring Catalogue as opposed to the above described, Upon discussing the attorneys has been decided and Woodson was so informed, that recommendation in this matter, as their plan recommendation, it we should follow his Attorneys xpressed or attempt themselves upon the independently and of Ward them, The Attorneys refused to go to to intervene as they did in the as agrgeable to such an attempt case However, remains as the plan before 06 Be above the the Montgomery-Ward Sears case but being made suggested Sears deal was was agreed made. Re ~~ larch Oth, LoL. P.S. After discussing the Dealer question, Mr. Walter stated that in his opinion the 10% discount completely eliminated the Dealer from the picture. I raised the question of Sears cutting our retail price in their retail stores and it is understood that our retail prices will be rigidly maintained and that Browning will not sell a Dealer addition al merchandise after he has cut our suggested prices, This understanding was necessary since Walt tated that in some centers Dealers would obtain our guns and sell ae even at a loss to attract attention, Rei SERRE apy Nail paren BOL nen sk Order TMT ANU WARE O MERRIE, POP MR House 26 es) ipammambrssansppar January 20th nelosed herewith is a scopy of to Mand rele Fang to the mail goes into the suite ie, factors in ly Bennett he the suit is 1951. 22, Jamary sci: oy Suit teat i a letter dated order house informed me that one that of "proving that a. of the eunse end men for manufacture of the chief Srowning actual- Or . SOly neces Was it 3 tO us parts, assembling and changing certain were with us at that time, ey Ae tr | es 411 cuns. you Browning Do therefore well kindly over turn makine of not work sgn a up think + is | te sucgzest in may + £ 7 “i ay | view aunt of the | and a et the thie pur} OS Q of matter over in . show to any sreat rush is you that take mind, sincerely Nd actually > a little cad ke your coing effort ais you I believe and statement there that Sha BXANG Aver about it, I reme mb ered the trouble we had at coes for time it to