Classic Mode

Music Trade Review

Issue: 1897 Vol. 24 N. 22

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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. "
*
*
*
*
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.
*
*
*
*
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-
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
IO
mal conditions, also the number of dealers
on the ground who supply them, and the
amount of goods carried collectively; then,
if he be wise, he will realize that he cannot
sell all the goods consumed in that terri-
tory and will instead use his information
for the purpose of determining how much
of the whole it would be judicious for him
to sell to one or more of the dealers in that
locality. This is not a cureall for his ills,
but it should enable him to guard against
urging too many goods into districts where
he is familiar with the conditions. The
temptation to outdo other houses in the
same line of business is hard to overcome,
and it seems equally difficult to avoid get-
ting-into a sort of panic when somebody's
account is found to be too large, or to re-
strain those vigorous efforts to reduce it
which so often bring about a catastrophe
involving the loss of the whole. The con-
tented brain is in the head of the man who
knows that his credits are extended in mod-
erate amounts, and who sees to it that his
efforts to enlarge his business aim at a
greater number of customers as well as an
increased amount of sales.
To proceed along these lines is more like-
ly to hasten the return of commercial con-
• fidence than trying to bring business down
to a cash basis, says the Lawyer and Credit
Man. There is a good deal of talk about
restoring confidence, but how can it be re-
stored while unwise business methods pre-
vail that in themselves cause anxiety and
suspicion ?
*
*
*
*
Among the curiosities—valuable curiosi-
ties—to be found in the offices of many
prominent piano-manufacturers are the
files of testimonials sent to the firm direct
from retail customers who have purchased
at the vvarerooms or forwarded by out-of-
town representatives. These documents-
many of them yellow from age, date back
thirty, forty, sometimes fifty years. A few
have been published, but the majority are
merely kept for reference and record.
Naturally, the oldest firms have the larg-
est number, provided, of course, that
ground has not been lost during the inter-
val by what is known as "dry-rot" or
some other dire commercial disease. Fore-
most among testimonial holders to-day is
the firm of J. & C. Fischer. The accumu-
lated piles of congratulatory and commen-
datory epistles now in their possession form
a veritable museum.
Paper of all sorts and sizes. Ink of every
color. Modes of expression, various but
always emphatic. These friendly commu-
nications, each and all voluntary, must be
a source of much comfort to their present
possessors.
*
*
*
*
Mr. Will Bush, the celebrated joker of
the Chicago music trade, tells a good story
anent the present condition of trade, says
The Comet: " A man from Nebraska re-
cently arrived in the city and noisily asked :
4
Who is this McKinley who they say won
in the last campaign?' ' Hush,' replied a
man,'he is the advance agent of prosperity?'
4
Well,' replied the Nebraskan, ' he's a long
way ahead of his show! ' "
THE MUSIC TRADE REVIEW
The Sterling Company.
THEIR NEW SCALE PIANOS CREATE A SENSATION—BELIEVE IN PROGRESS WITH A GREAT BIG
" p " AND ARE CONSEQUENTLY BENEFITING.
Enterprise and advancement are the
watchwords of the Sterling Co., of Derby,
Conn. This has been demonstrated time
and time again in the history of their
house. Not only have they been extend-
ing their business connections recently both
in the retail and wholesale fields, but their
latest developments in the matter of new
scales and new designs are'such as to com-
mand immediate recognition from the wide
constituency to which they cater—they
testify to the alertness and progressiveness
of this firm.
The members of the Sterling Co., Mes-
srs. Blake and Mason, have been close stu-
dents of the trend of affairs in the piano
trade. They have noted the increasing
demand in the matter of artistic case de-
signs. They have aimed to fill it, and it
will be admitted, after looking up the il-
lustrations which appear elsewhere in this
paper, that they have succeeded in their
mission very well indeed.
These instruments are not alone unique
as to design but by the use of new scales,
and a thorough supervision of all the essen-
tial details in construction, they possess an
intrinsic value musically as well as archi-
tecturally.
The tone of the new scale Sterlings is
large and sonorous. The quality is sym-
pathetic and possesses that attribute com-
monly entitled "singing." The instrument
throughout displays good workmanship,
and fulfills the words of a member of the
firm who said to The Review recently:
"We are determined to make the Sterl-
ing as good in every detail as any piano of
its class on the market, and we do not mean
to be left behind in any manner."
Dealers are destined to find the new scale
Sterlings great "trade catchers." They
are so handsome and artistic that they can-
not fail to attract the admiration of every-
one.
There is a quiet elegance about these
instruments that is decidedly pleasing and
we are greatly mistaken if the company
will not have their hands full to keep up
with the demand for them.
The trade must see and examine these
styles to properly appreciate what they are.
They fulfill two purposes, they please the
public and please the dealer. This is a
mighty big thing for manufacturers to
succeed in accomplishing.
The new scale Sterlings are creating
quite a sensation and it is not likely to be
abated, for other styles are in process of
completion and will be placed before the
trade in a short time.
There is nothing slow about the Sterling
Co. Always enterprising, they intend to
keep close to the band, right at the head of
the procession. This will not be difficult.
They possess splendid manufacturing faci-
lities—one of the best equipped plants in
the trade—and with an abundance of capi-
tal and engineered by experienced and
competent piano men, the dealer and the
trade at largecan feel assured that the pres-
ent position attained by the company after
years of effort will not only be main-
tained, but accelerated both in manufac-
uring and commercial fields.
The Sterling Co. believe in progress
with a large big " P " and we have evidence
of that in their new scale instruments.
Further proofs will be forthcoming later.
D. H. Baldwin & Co.
DONATE A HANDSOME PIANO FOR THE CIN-
CINNATI BUILDING AT THE NASHVILLE
EXPOSITION.
[Special to The Review.]
Cincinnati, O., May 25, 1897.
A fine Cincinnati-made piano is to grace
the Cincinnati Building at the Nashville
Exposition. That is the latest announce-
ment of the Chairman of the Local Com-
mission, Robert Laidlaw. The instrument
is donated to be used during the term of
the exposition by D. H. Baldwin & Co.,
and will be one of their own make. It will
be shipped at once and will be for the use
of any musically inclined while resting in
the Cincinnati building. This will add
largely to the attractions of the building,
and is one of the most agreeable surprises
the commission has experienced.
Will Hold Up the Mail.
TO STOP UNITED STATES COPYRIGHTED MUSIC
COMING FROM CANADA.
The following order has been issued to
the railway mail clerks and Postmasters of
the United States by Superintendent of
Railway Mails O. T. Holloway:
"Edward Schuberth & Co., publish-
ers and importers of music in this country,
have informed the department that a musi-
cal composition published by them,entitled
'Star Light, Star Bright,' waltz song from
the comic opera, ' The Wizard of the Nile, 1
is reprinted in Canada and forwarded by
mail to purchasers in the United States by
dealers in Canada.
'' Satisfactory evidence having been fur-
nished the department that the composi-
tion in question has been duly copyrighted
under the statutes of the United States,
the Postmaster General directs, pursuant
to the provisions of Section 291, page 121,
Postal Laws and Regulations, 1893, that for-
eign reprints of said copyright composi-
tion shall be treated as unmailable matter
when found in the mails in this country.
Therefore it is hereby ordered that all pos-
tal clerks exchanging mails with Canada
shall examine the mails received by them
from Canada and treat as unmailable mat-
ter all copies of the foreign reprint re-
ferred to which may be found therein."
The assigned stock of musical instru-
ments carried by Weed Bros., Henderson,
Ky., was sold last week to Miss Jennie
Trigg for $800, she being the highest bid-
der; the only other bidder was Mann Bros.

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