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VOL. XVIII. No.
published Every Saturday.
iRestrained.
Hardman & La Grassa Enjoined from Using
the Name "Hardman "—Judge Ingra=
ham Hands Down a Decision in
Favor of the Plaintiffs—Con-
strues the Action of the
Defendants into an At= * **
tempt to Mislead
Purchasers.
There Can be but One " Hardman " Piano
—A Victory for the Right.
*
Yorl(, flpril 14, 1894.
their firm was established in 1892 or 1893, and
the business that was established in 1842, now
conducted by the plaintiffs, are the Hardman
Pianos, which have been made and are now
made by the plaintiffs.
As before stated, the defendant, Hugh Hard-
man, has the right now to make pianos and an-
nounce to the world, that he makes them and
wishes to sell them. He has no right, however,
to make that announcement in such a way as to
induce the public to believe that the pia-os he
makes have any relation to the pianos that are
manufactured by the plaintiffs, and it seems to
me entirely clear that the intent with which
the defendants have used the name '' Hardman''
is, and the methods adopted by them will tend
to mislead the public in supposing that the
pianos manufactured by the defendat ts are the
same or substantially the same as the "Hard-
man Piano," as manufactured by the plaintiff.
No piano manufactured by the defendant will be
the " Hardman Piano." That piano is the one
manufactured by the plaintiffs, and the plain-
tiffs are clearly entitled to have their business
protected and the defendants enjoined from so
using the name of " Hardman, " as will commit
a fraud upon the plaintiffs and the public. I
think, therefore, the injunction should be grant-
ed so far as to restrain the defendants from
adopting as the name of their pianos, "The
Hardman Piano " o r . " H. Hardman Piano " or
from advertising that their business was estab-
lished in 1842, or from using any other words or
device which will tend to indicate that the
pianos manufactured by them are those manu-
factured by the plaintiffs, or that they have any
connection with the business or the plaintiffs.
Order to be settled on notice.
$3 00 PER YEAR.
SINGLE COPIES, 10 CENTS.
making piano cases to quite an extent, but this
business will be closed unless he succeeds in
getting some one to run it. We. have a good
plant with some four or five acres of land, flnd
it will be a grand opening for some one.
Yours truly,
DYER & HUGHES.
An Informal Reception.
The
Piano Manufacturers' Association
Greet their Friends at the Union
Square Hotel—A Cheery,
Chatty Time.
their regular business meeting held
on Tuesday, April 10th, the Piano Manu-
facturers' Association of this city held an in-
formal reception in the parlors of the Union
Square Hotel. This was the first reception to
which were invited guests who were not piano
manufacturers. The list of invited guests also
included members of the music trade press. The
NKW YORK COUNTY,
parlors were thronged with the members of the
Association and their friends. The affair was
entirely informal, chatty and conversational;
LEOPOLD PUCK and another,
good fellowship and good cheer prevailed.
versus
The management had provided a charming
HUGH HARDMAN and another.
and bountiful collation to which the hungry
newspaper men, now that the barriers were
broken between them and the aforesaid Associa-
WOLF, KOHN & ULLMAN,
tion, did ample justice. They were well and
Attorneys for Plaintiffs.
hospitably provided for, and it is needless to
INGRAHAM, J.
say that they were there in force. There was
The plaintiffs and their predecessors in busi-
Marc Blumenberg, smiling, polished and suave :
ness have for many years manufactured a piano
Editor Thorns, stately and statuesque ; Harry
which has become well-known to the public as
Freund, brimming over with new and freshly
the "Hardman Piano." They are the suc-
culled
stories; Frank Abbott, of Presto, saying
cessors of the firm composed of the son and son-
r
pleasant
greetings ; Mr. Weil, striving to create
in-law of the de endant, Hugh Hardman, and
an impression for his paper. All overflowing
that firm succeeded the firm that established
The Affairs of Dyer <5c Hughes. with good nature at the prospect of being " in it."
the business in 1842, of which the defendant,
Nearly all the local manufacturers were pres-
Hugh Hardman, was a member. I think the
v have received the following from Dyer ent, also many of their aides. Mr. Braton S.
proof is sufficient to show that the plaintiff's
& Hughes in relation to the dissolution Chase, of Grand Rapids, Mich., was also there.
have the right to manufacture the "Hardman
Piano." It is clear that the court has no right of partnership which appeared in our last issue : Robert Proddow, vice-president of the Associa-
tion, was omnipresent, saying pleasant things
to enjoin the defendant, Hugh Hardman ft0111
FOXCROI-T, MK., April 5th, 1894.
to the invited ones. In this he was warmly
using his own name as a piano manufacturer, DEAR MR. BILL :
or from informing the public that he manufact-
Yours received, and would say that your re- supported by Mr. Adolpho J. Fischer, William
E. Wheelock, Freeborn G. Smith, George Nem-
ures and desires to sell a piano. This, however, port is substantially correct.
is very different from the right to manufacture
Mr. D}-er and the writer have been connected bach, Louis P. Bach and others.
Commodore Wessell was also among the elect,
a piano and call it "The Hardman Piano," or in the organ and piano business for twenty-eight
any other name which so closely simulates years with no changes in the firm. The firm as discoursing upon the tariff question with an
that name that purchasers would be deceived yet has not dissolved, but will in a few months, ability which showed an intimate knowledge of
into purchasing such piano as one manufactured as soon as we get matters in shape. The writer, the situation at Washington.
the reception was pleasing, happy
by the plaintiffs.
Hughes, will take the piano business, and will and Altogether
informal. It is evident that if the New
The plaintiffs' pianos are known as "The take in my son, R. W. Hughes, and we intend York Association conduct their affairs upon
Hardman Piano." The defendants propose to to do a larger business than has formerly been these modern and progressive lines it will do
much to popularize their body. These hours of
manufacture pianos and call them the " H. done.
friendly chat, social intercourse and exchange
Hardman Piano," and the advertisements and
Mr. Dyer takes the organ business, but not to of
ideas result in bringing about a happier con-
notices of defendants tend very .strongly to show run it, as he will retire from all active business. dition of affairs. Men learn that even though
that the whole object of the co-partnership of He is now trying to get some one to take hold this man or that man are competitors in a busi-
the defendants, and the use of the name is for of the business, as we have a good organ trade, ness sense, they can lay aside, temporarily, the
the purpose of selling their pianos as the plain- both foreign and at home. And there is plenty cares of business and meet together for an ex-
change of ideas, thoughts and sentiment. The
tiffs'. Thus they have advertised the " H. of room to run the piano case business in con- trend of the affairs of the local association is in
Hardman Piano " as established in 1842, but nection with the organ business, as we are now the popular direction.
we print in full the decision of Judge
Ingraham in the now famous case of Hard-
man, Peck & Co. against Hardman & La Grassa,
restraining the latter from the use of the name
" Hardman " as applied to pianos.
SUPRKME COURT,