 His Master's Voice (1898) byFrancis Barraud, amended in 1899 to display agramophone. | |
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His Master's Voice is an entertainmenttrademark featuring a dog namedNipper,curiously peering into the horn of a wind-upgramophone.[1] Painted byFrancis Barraud in 1898, the image has since become a symbol used internationally acrossconsumer electronics, record labels, and entertainment retail.[2][3]
The original His Master's Voice painting, alongside a number of duplicates painted by Barraud, are owned by theEMI Archive Trust, based inHayes, London.[4][5][6]
In early 1899, Francis Barraud applied for copyright of his original 1898 painting using the descriptive working titleDog looking at and listening to a Phonograph. He was unable to sell the work to any cylinder phonograph company.[7] The painting had been originally offered to James Hough, manager ofEdison Bell in London, but he declined, saying "dogs don't listen to phonographs".[8]
William Barry Owen, the American founder of the Gramophone Company in England, offered to purchase the painting for £100, under the condition that Barraud modify thecylinder phonograph to show one of their disc machines.[9] Barraud complied and the image was first used on the company's catalogue from December 1899. The company also began using the imagery on itsgramophones. As the trademark gained in popularity, several additional paintings were subsequently commissioned from Barraud for various corporate purposes.[10]
In 1909, The Gramophone Company began using the dog and gramophone trademark on its record labels, replacing the former "recording Angel" trademark. The company rapidly became known asHis Master's Voice due to the prominence of that phrase around the top perimeter of the label. The Gramophone Company (HMV) distributed its recordings throughout Europe and later established dedicated international divisions in several countries. In regions without these divisions, such asScandinavia andGreece, the British HMV company exported its releases.[11]
The Gramophone Company created French and Italian versions calledLa Voix de son maître andLa voce del padrone respectively after previously forming in these countries in 1901 and 1904.[12][13][14]
In 1921, The Gramophone Company launched theHis Master's Voice retail shop onOxford Street. Additional shops appeared, turning His Master's Voice into a large music retail chain.[15]
In 1925 and 1926, The Gramophone Company created record label divisions inAustralia andNew Zealand respectively. Through sales and mergers, the Gramophone Company became part ofEMI in 1931.[16]
Deutsche Grammophon Gesellschaft, was the Gramophone Company's German subsidiary until seceding from the parent company in 1914, as a result of the hostilities between Germany and Great Britain duringthe First World War. DGG retained the "His Master's Voice" trademark for use in Germany until 1949. The trademark was then adopted byElectrola, the Gramophone Company's German affiliate formed in 1925, to replace the renegade DGG.[17][18]
From the mid-1980s, EMI began to open international HMV retail outlets, but were unable to use the "His Master's Voice" trademark in the United States, Canada or Japan. However, EMI's use of just the "HMV" initials in these regions was permitted.
In 1985, EMI sold the Gramophone Company's branch in India (formed in 1901) toRP-Sanjiv Goenka Group; however the "His Master's Voice" trademark would continue to be used in India under license from EMI, until 2003.[19]
In 1990, EMI began to phase out the His Master's Voice record label, gradually replacing it with theEMI Classics label in 1993. In 1998, it divested the HMV retailer, which became an independent company, HMV Media Group plc.[20] However, EMI held onto the "His Master's Voice" trademark, licensing the name to the retailer, and continuing it for its only remaining license in India.
In June 2003, the formal "His Master's Voice" trademark transfer took place from EMI Records to HMV Media Group plc.[21] This meant that EMI's only remaining license agreement, the His Master's Voice record label in India, would be discontinued, and record releases in this region would be renamed to Saregama from 2003 onwards.
In January 2013, HMV Group plc would later be rescued byHilco Capital, who retained the "His Master's Voice" trademark rights in a number of continents under the name "Mermaid (Brands) Limited" when they sold the HMV stores toSunrise Records.[22] The rightsholders in some territories is Palm Green Capital Limited, a company based inBritish Virgin Islands, instead of Hilco Capital.[23]
In February 2013, HMV Group plc sold the HMV stores in Hong Kong and Singapore to AID Partners Capital Limited, which also included the rights to the "His Master's Voice" and "HMV" trademarks for a select number of Asian countries, currently owned by HMV Brand Pte. Ltd.[24]
Emile Berliner, the inventor of the gramophone, had seen the "His Master's Voice" painting at the Gramophone Company's offices in London and registered it as a trademark in the United States during July 1900.[25]
In the autumn of 1900, the "His Master's Voice" trademark first appeared in the United States in advertisements for the Consolidated Talking Machine Company, formed byEldridge R. Johnson and reorganized in 1901 as theVictor Talking Machine Company inCamden, New Jersey. Victor was the American affiliate of British Gramophone Company and initially used the trademark more extensively on its products and in advertising than its affiliate in England.
In 1929, theRadio Corporation of America (RCA) purchased the Victor Talking Machine Company, which became theRCA Victor Division and expanded the use of the trademark on radios, television sets and other electronics and accessories.[26] Beginning in the 1950s, RCA would gradually phase out the trademark's use on consumer electronics, in lieu of the RCA "lightning bolt" logo.
In 1968, RCA introduced a modern logo and virtually retired the "His Master's Voice" trademark, restricting its use only to the album covers ofRCA Red Seal Records. In October 1976, RCA announced a revival of the "His Master's Voice" trademark, restoring it to most RCA records labels, advertising and other RCA products in theWestern Hemisphere.
In 1986, the RCA Corporation was acquired byGeneral Electric, which eventually sold the rights to the RCA and "His Master's Voice" trademarks toTechnicolor SA. RCA Records was acquired by German media conglomerateBertelsmann, which continued to use the "His Master's Voice" and RCA Victor trademarks in the Western Hemisphere under license. In 2008, RCA Records was fully acquired bySony Music Entertainment and continues with a perpetual license to use the RCA and "His Master's Voice" trademarks, although in recent years, RCA Records has reduced use of the "His Master's Voice" image due to the fragmented ownership of the trademark. In May 2022, the RCA and "His Master's Voice" trademarks were acquired by Talisman Brands Inc.[27]
Since 2023, Talisman Brands has also licensed the "His Master's Voice" brand to a company called Victor Musical Industries Inc, which produces "His Master's Voice"-branded consumer electronics.[28]
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In 1927, theVictor Talking Machine Company of Japan was created, which brought the "His Master's Voice" trademark to Japan, and later became known as JVC, the Japan Victor Company. The company used "His Master's Voice" across a wide range of consumer electronics.[29]
In 1943, JVC seceded from RCA Victor due to the hostilities between Japan and the United States duringWorld War II. The Japanese division became an independent company, retaining the Victor name and "His Master's Voice" trademarks for use in Japan.[30]
In 1972, JVC createdVictor Musical Industries, a distributor of music and film, which uses the "His Master's Voice" logo.[31] Victor Musical Industries has since been renamed Victor Entertainment, and the "His Master's Voice" logo remains retained.[32]
In 1990,EMI launched theHMV retailer in Japan. However, it was unable to use the Nipper/"His Master's Voice" trademark due to JVC controlling its use in that country. However, they were not contested to use just the initials "HMV".[33]
In October 2008, JVC and theKenwood Corporation created a joint-venture,JVCKenwood, to create consumer electronics. This venture uses the "His Master's Voice" logo, mainly on audio equipment.[34]
In July 2021, HMV Brand Pte. Ltd. made a revocation application against Talisman Brands, Inc. over a His Master's Voice trademark in Hong Kong that had been registered in 1995. HMV Brand Pte. Ltd. argued that the mark had not been genuinely used. The Registrar found that the evidence established genuine use of the trade mark in Hong Kong in relation to audio recordings, specifically CD albums and digital sound recordings, during the period from 2010 to 2021. This use was considered sufficient to support the continued registration of the mark for those goods. However, the Registrar found no evidence of use in relation to other goods covered by the Class 9 specification, including scientific, nautical, and electrical apparatus. The Registrar ordered a partial revocation of the trade mark registration.[35]
In July 2019, Yongfeng Trade Co. Ltd. applied to register a nearly identical image of the His Master's Voice logo in Classes 9 and 25 (electronics and clothing). Initially, The Registar rejected Yongfeng’s application because of HMV Brand Pte’s earlier marks. Because HMV Brand Pte. Ltd. was in financial trouble and did not defend the case, they lost protection in Classes 9 and 25. Once those marks were revoked, Yongfeng successfully registered its own look-alike mark in 2020. HMV Brand Pte. Ltd. still had valid registrations in other classes, and it planned to revive the brand in Singapore. In April 2023, HMV Brand Pte. Ltd. successfully applied to invalidate Yongfeng’s registration, arguing it was filed in bad faith.[36]
