Music Trade Review

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THE MUSIC TRADE REVIEW
From the Editor's Note Book.
TRADE INDICATIONS—WHAT THE DEALERS THINK — TRADE CAN BE SECURED ONLY BY HUSTLING
GEORGE P. BENT AS AN EXAMPLE — AN IMPORTANT DECISION AS TO THE
USE OF A TRADE NAME—STRICH & ZEIDLER BLAZE THE
WAY FISCHER TESTIMONIALS.
HE summer draweth on apace,
and soon we will be plunged
into the midst of it with all
its attendant torridity.
Trade? well, surely the in-
dications on the business hor-
izon are not such as to incline one to the
belief that it will be a summer of un-
usual activity in business circles. I think,
however, that trade will hold up fairly
well, and that the summer of 1897 will
be in many ways better than that of 1896.
Some time ago, I sent a circular letter to
a few hundred prominent dealers all over
America to ascertain their ideas as to sum-
mer trade, and trade for the balance of the
year as well.
It has been extremely interesting to note
the replies. Some men take a very roseate
view of trade conditions. Others are pes-
simistic to such a degree that the indigo
hue is very apparent in their communi-
cations.
While the prospects are not over bril-
liant, yet there will be trade, only as Marc
Blumenberg would say, you must get out
and hustle for'it. It cannot be obtained by
the business man remaining hidden in the
back part of his office or factor)-. He must
look for it.
There is Geo, P. Bent, a typical hustler,
and see how Mr. Bent has skimmed over
America this year. He has gone from
Maine to California,and from the Northwest
to the Mexican Metropolis.
Mr. Bent is a man of: tremendous vital
force and unconquerable energy. He gets
trade but he works for it, and just see how
this same manufacturer, Geo. P. Bent, has
marched steadily to the front during the
past three years, while the many manufac-
turers have been complaining of constant
dullness.
Mr. Bent has worked and he has received
his reward, because he has done business
right along, and the "Crown" piano never
occupied the prominence in the trade or in
the public mind that it does to day.
Good for Geo. P. May his shadow never
grow less, and his trade conquering cam-
paign go steadily on.
similar names in trade. The result of a
legal fight in Philadelphia will be read with
interest:
The Philadelphia Court of Common
Pleas recently rendered a decision restrain-
ing Geo. A. Hires, a relative of Chas. E.
Hires, from putting up and selling a prep-
aration under the name of Hires' Root
Beer. Below are given some extracts from
the opinion of the presiding judge:
"Whether this case be considered as one
of infringement of a trade-mark or as a
simulation intended and likely to deceive
the public, the evidence is most conclusive-
ly with the plaintiff.
"It is established that an article of com-
merce, known as 'Hires' Root Beer,' by a
long and costly method of advertisement,
has attained a trade-mark and value pecu-
liar to itself. The sales have reached an
extraordinary yearly volume, and the arti-
cle is known to consumers and merchants
by the designation of 'Hires' Root Beer,'
and often and perhaps as commonly by the
name of 'Hires' alone. The shape and
color of the cartoons, as well as the general
typography and substance of the printed
matter thereon, and the shape of the bot-
tles have also been peculiar to the article
made by the plaintiff, and have served to
give it commercial distinction and identity.
"The respondent Hires, a kinsman of the
plaintiff, availing himself of the sameness
of family name, is about to manufacture
and place on the market for sale a root
beer which in all the externals of physical
preparation and presentation is so nearly
an apppoach to the plaintiff's commodity
that, but for the use of the Christian or
surname of the respondent Hires, it might
be termed a complete reproduction of the
plaintiff's preparation and device. The
cartoon, its color, the substance of the
printed matter, the bottle, the indicating
designation of title, all—while slightly
varying from the plaintiff's device—make
up a trade commodity which, except to the
sophisticated or closely inquisitive, would
be taken to be a like article to the plaintiff's.
" It is not necessary now to pass upon
the question of how far a family name may
be the subject of a trade-mark so as to
exclude from its use others who lawfully
The legal right of a relative to use a bear it. The use of the family name in
name which another has made valuable in the present case only increases—most po-
trade is a matter which is frequently tested tently increases—the conjoined force and
before the courts. In the music trade we effect of respondent's other devices in
have had a number of suits over the use of working the deceptive simulation.
" All cases of this character must depend
upon their own facts and circumstances.
Actual fraudulent intent can never be in-
ferred from anything outside of the case
itself.
" T h e testimony in the case now before
us, we think, makes it indubitably clear
that the respondents' purpose—their sole
and only purpose—was to fabricate an[arti-
cle of trade which in shape, color, desig-
nation of name and general appearance,
resembled the plaintiff's article, and there-
by deceive and mislead the public and
purchasers generally.
" It is impossible to come to any other
conclusion but that this was the main in-
tent of the respondents. But for the for-
tuitous identity of family name, it is clear
that the respondents would never have em-
barked in this proposed commercial ven-
ture, and the evidence shows that their
studied purpose was to copy as close to the
appearance and name of plaintiff's article
as possible, and preserve similarity, while
yet presenting minor differences.
' ' We find, therefore, upon the evidence
now presented, that the allegations of the
plaintiff's bill are established. "
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There is evidently a fashion in piano
styles like everything else. When Paul
M. Zeidler, of Strich & Zeidler, invented
the design of his now famous style " F "
with semi oval design of desk, he became
the originator of, and blazed the way for
an entire change in the architecture of the
piano of the period.
It is only necessary to look around at the
latest products of the different factories to
realize how markedly influenced all have
been by this special Strich & Zeidler style.
The idea conceived by Mr. Zeidler has
been worked out in endless forms, and it
will be conceded that each and every one
of them is a mighty big improvement on
the old stereotyped square panel.
To Mr. Zeidler, however, is due the en-
tire credit for the origination of this im-
portant innovation.
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It is claimed that over eighty per cent,
of the business of the country is done on
credit. If this be true, then the quality of
the credits becomes the very cornerstone
of the system, and is none the more im-
portant for the debtor class to maintain
than it is for the creditor class to restrain
so as to come within the power of the
debtors to do so. Practically speaking, the
man who manages credit affairs should be
personally informed as to the quantity of
goods a given locality requires under nor-