Music Trade Review

Issue: 1902 Vol. 34 N. 26

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE mXJ&lG TRRD£
ing tendency on the part of the legally con-
stituted authorities to furnish the fullest pro-
tection possible to owners of names of great
institutions which constitute trade-marks,
and to rule out all attempts at infringements.
EDWARD LYMAN BILL,
EBITOR AND PROPRIETOR.
J.
B. S P I L L A N E , MANAQINQ EDITOR.
Executive Staff:
THOS. CAMPBELL-COPELAND
EMILIE FRANCIS BAUER
WALDO E. LADD
GEO. W. QUERIPEL
A. J. NICKLIN
Pnoiisueii hvcrj sainnuy at 3 East I4tn street, new tori
SUBSCRIPTION (Including postage^, United States,
Mexico ar-1 Canada, $2.00 per year; all other countries,
$4.00.
ADVERTISEriENTS, $2.00 per inch, single column, per
insertion. On quarterly or yearly contracts a special dis-
count is allowed. Advertising Pages $50.00; opposite
reading matter, $75.00.
REniTFANCES, in other than currency form, should be
made payable to Edward Lyman Bill.
Entered at the New York Post Office as Second Class Matter.
~
MEW YORK, JUNE 28, J902.
TELEPHONE NUMBER, 1745-EKJHTEENTH STREET.
On the first Saturday of each month
The Review contains in its "Artists' De-
partment" all the current musical news.
DEPARTMENT This is effected without in any way tres-
passing on the size or service of the trade
section of the paper. It has a special circulation, and
therefore augments materially the value of The Review
to advertisers.
DIRECTORY OF
The directory of piano nianufac
PIANO
turlng firms and corporations found
MANUFACTURERS on page 25 will be of great value as
a reference or dealers and others.
THE
ARTISTS
EDITORIAL
TOPICS OF THE HOUR.
A GREAT moral as well as legal victory
was achieved in Chicago last week
which is of vast interest to the entire trade.
Chickering & Sons won in their injunc-
tion case against Chickering Bros. And
their emphatic victory was not in the nature
of a surprise to those who have followed
closely recent court decisions in matters of
this kind.
Judge Kohlsaat, in the United States Cir-
cuit Court, Chicago, in rendering his decision
against Chickering Bros, said:
Complainant is entitled to and is granted
a preliminary injunction restraining defend-
ants and each of them from the use of the
said name of Chickering Bros, in connection
with the piano trade, either on their instru-
ments or in their advertising matter, from
the use in such connection of any name or
designation equivalent thereto, from the use
of the word "Chickering" alone in such con-
nection ; from the use of the Cross of the Le-
gion of Honor in such connection; from in
any manner pretending that their pianos are
"Chickering" pianos; from the use of the
word "Chickering" in any corporate name in
connection with the piano trade; and from
stenciling or in any manner placing such
name on their pianos, without in each in-
stance of the use of said name "Chickering"
displaying in connection therewith, plainly
and in a prominent manner, a statement that
the defendants' pianos are in no way con-
nected with the Chickering & Sons pianos,
and the defendants' pianos are not the "ori-
ginal Chickering" pianos, or some declara-
tion to that effect readily discoverable by all
persons dealing with defendants or with de-
fendants' pianos.
This clearly establishes all that for which
Chickering & Sons asked.
A perusal of the court's decision in this
matter is interesting and supports the grow-
In his opinion Judge Kohlsaat is supported
by many other recent court decisions which
regard trade-marks as property, even to the
extent of prohibiting a man engaging in
business under his own name, when that
name has been associated with a distinguished
product, unless, provisions are clearly stated.
The United States Court of Appeals com-
pelled W. H. Baker & Co. to state in prom-
inent type upon their packages: "W. H.
Baker is distinct from the chocolate manu-
facturer of Walter H. Baker & Co." Judge
Kohlsaat carrying out the same idea, compels
Chickering Bros, to display in a prominent
manner a statement that their pianos are in
no way connected with Chickering & Sons
pianos.
A N interesting point is that the court
states that the present management of
the Boston house is in the same position as
it would be were Jonas Chickering and his
sons living and directing its affairs.
The court also emphasizes the point that
Chickering Bros., of Chicago, are neither
descendants nor successors to Jonas Chick-
ering, merely remote relatives. The court
also did not hesitate to condemn the use by
the Chickering concern of the statement in
their advertising matter that theirs was "the
only piano made by a Chickering." Also the
brochure issued by the Chicago house enti-
tled "A Sketch of the Chickering Family
and their Famous Piano" came in for a full
share of court disapproval. This same bro-
chure has contributed more to the public
condemnation of Chickering Bros.' actions
than any other single act which they have
committed.
of the piano-making Chickerings and their
business acts in circulating misleading liter-
ature do not harmonize, and the decision of
the courts will receive the warm endorse-
ment of every fair-minded man in this in-
dustry.
•:
There was an attempt to create sympathy
for the defendants on the ground of a great
corporation crushing young men to earth.
However, such an argument had no force,
because no matter how great, or how wealthv
a corporation may be, it is just as much en-
titled to protection by law as the smallest
institutions in the land.
'. '
Chickering & Sons are entitled to the heart-
iest congratulations upon their great victory.
It surely will have the immediate effect to
put to an end reputation-pilfering in this
industry.
Their dignified attitude throughout this
matter has been typical of the house and its
traditions. They desired no publicity, gave
out no points, but simply asked for protec-
tion for their property from the United States
Courts. They paid no attention to the abus-
ive utterances of a number of the inconse-
quential papers which, week after week,
poured a volley of abuse upon them. When
men are in the right they are doubly strong.
Chickering & Sons were right, and there can
be hereafter no trading upon the reputation
so honorably won by this great music trade
institution.
| \ | OW that the retail season shows signs
of waning, piano merchants all over the
country are beginning to figure up and see
what kind of a spring season thev have round-
ed out.
There is a wide divergence in the amount
of business done bv the various houses in
the same localities. With some concerns a
very good business has been accomplished,
while with others, located in the same city
and with just as many advantages at the
start of the season, business has been medi-
ocre and far from satisfying.
In this connection it will be interesting to
refer to special trade reports, covering dif-
ferent sections of the country which appear
in another section of The Review. These
reports are presented with the idea of ren-
dering information to men who are studying
trade prospects.
The sales and collection departments are
compared with last year, other estimates
which show the conditions of crops and the
comparison of the piano business with the
general trade, as well as the business pros-
pects for the summer months.
One cannot read the decision without be-
ing impressed with the belief that the learned
Judge weighed every point and every argu-
ment made by the defendants, of whom he
said: "They have conducted themselves
shrewdly and with an attempt to keep within
the limit of the law, but the courts will strip
off such covering when evidently used as a
veil for the concealment of fraudulent acts
towards the public or towards an individual.
The defendants Chickering are engaged in
a dishonest use of their own name."
HP H E court's decision in this case consti-
tutes not only a magnificent victory for
the Boston concern, but it is a victory for the
entire industry, because the court's action must
have a far reaching effect upon those who T HE failure of the present Congress to
are seeking to wrongfully trade upon the
carry through the kind of legislation
reputations fairly won and established by required for Cuba's benefit shows how far
others.
a small clique of men may wield their inrlu-
Chickering Bros.' open disavowal of a de- enre. Only a few men are benefited bv main-
sire to trade upon the established reputation taining the present tariff on sugar and to-
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
7V^USIO TRADE
bacco, whereas if the tariff were reduced
mid Cuba were given a fair show for nation-
al existence it would mean a market for our
manufactures in that island of $200,000,000
inside of three wars. It would mean that
there would be a general demand for our
varied products in all lines, and Cuba, too,
has that which we desire.
The musical instrument manufacturers
would profit as well as others. Placing tho
matter purely upon business grounds and
throwing all sentiment aside, we permit a
clique to shut off a market on almost con-
tiguous territory which would have an ab-
sorptive power for our goods greater than
any European nation outside of the three
great powers. We are convinced that what
Cuba most desires is not charity, not a gift,
but she desires an opportunity to live, make
an exchange of products with us, and give
us the trade of the islands in return for the
concessions on a few of her products. It
would not injure in the remotest degree any
of our domestic industries.
F O R months past we have had consid-
erable to say regarding the advance in
the prices of pianos, which seem to us in-
evitable all along the line, including all grades.
The wholesale profits on pianos have, within
the past decade, been extremely modest and
these modest profits have been alarmingly
decreased during the past three or four years
with the rising tide of cost in nearly all ma-
terials which enter into the composition of
pianos.

'
As a matter of fact, we cannot name an
article which enters into the cost of a piano
which to-day is not worth considerably more
in the market than two years ago. Many
manufacturers have paid this advance, trust-
ing that in some way the matter will
right itself. There seems to be, however, no
possibility of a decrease in the cost of in-
struments, and how manufacturers can con-
tinue to supply the same grade of instru-
ments at the same prices is a matter of fine
figuring.
Dealers cannot reasonably expect to buv
pianos at the same prices that they have been
purchasing in the past. If they go to a hard-
ware man they cannot purchase any part of,
or kind of, hardware excepting at increased
cost; lumber the same, find in every trade
the increase has been paid without demur-
ring.
And why should piano dealers object to
a fair recognition of the conditions as they
exist to-day? The manufacturer who charg-
es a few dollars more for his pianos is only
charging the actual advance to him caused
by the rise in the cost of production.
A SALESMAN from the West complains
to The Review that he does not think
bis employer appreciates his services at
their true worth, and further, he writes in
rather a despondent vein which indicates to
REVIEW
our mind that the young man figures that
he is doing more than he should for the
money that he receives.
We are rather inclined to believe that this
young man belongs to that great army of
workers who fear that they may do too much.
The mere fact that an employer pays what
is considered by the recipient too little does
not furnish a sufficient excuse for the young
man to fail in developing himself to some-
thing higher, for there is no kind of work,
which if performed honestly and loyally that
will not lead to better things. The great
trouble with young men to-day is that they
are watching the clock, figuring how soon
they can get away, and how little they can
do instead of how much to make their ser-
vices indispensable to their employers.
news, and will, to a certain extent, be in-
fluenced by the business announcements of
firms which are constantly placed before
them. Special advertising during the sum-
mer months paves the way for the traveler
who appears in the early fall for orders.
The preparatory work- is done by the papers.
f~\ LD Father Knickerbocker has been wear-
ing a smutty face lately, and the New
Yorker can no longer, under existing condi-
tions speak sneeringly of the smoke-burdened
air of Cincinnati or Chicago.
The heavy cloud of black smoke which
hangs like a pall over New York renders it
impossible, while on the boats in the river
or harbor, to trace the tall buildings to their
skylines. The frantic efforts of the health
authorities to enforce laws against the thou-
Some of the men who have made the most. sand buildings, factories and river craft re-
astounding successes of modern times were mind one of the historic attempt of Mrs.
not merely workers, but they were indefati- Partington to sweep back the Atlantic with
igable workers. Their eyes were not upon a broom.
the clock, studying how quickly they could
So general has the use of soft coal become
get away to a baseball game, or a tennis that many have openly expressed fears that
match, but they were working to improve this experience would deaden the sensibil-
their condition, and because they were work- ities of New Yorkers and render it easy for
ing for another man they did not fear that the smoke offenders to continue to pollute
they were doing too much. A man should our atmosphere, after the famine imposed by
not work so as to impair his vitality, but the anthracite strike has passed away.
he should never go automatically through
It would seem to us that New Yorkers
the task of performing work, for honest will have had about all the soft coal that they
work systematically carried out will make a desire by the time we can again resume the
failure impossible.
consummation of the smokeless variety. The
s~\ NE of our clients, who is a large adver- condition only serves to emphasize how not
^-^ tiser in the current periodicals recent- only one industry, but every industry, and
ly asked The Review for opinions regarding the general public is effected by the coal
the advisability of increasing magazine adver- strike. The entire public has been not only
tising during the summer. He believed that sufferers by the use of the soft coal, but by
the summer was an excellent time to adver- heavy drafts made upon its pockets by rea-
tise because, he alleged, that the people were son of the advance in all kinds of coal.
HP H E modern method is largely one of or-
great readers during the summer months.
ganization. A bright piano merchant,
We take an opposite stand regarding the
reading tendency of the public. People do feeling his own abilities inadequate to suc-
not read as much during the summer months cessfully carry on the business will surround
as formerly. Ping pong on the veranda, lawn himself with lieutenants who have energy
tennis, golf links, all possess great power and brains, for he realizes the chances of
of attraction during vacation days, and the success are thus materially increased in such
man or woman who takes a lot of literature a combination.
One of the most successful retailers in this
away to the seaside or mountain invariably
leaves it untouched excepting on rainy days. industry is said to have but one real talent—
There is less reading, and little or no buying the ability to know good men when he sees
of high-priced home accessories during the them. This one essential contributes largely
summer months. Retail piano advertising to his business success, and some excellent
does not pay well during the summer, but business enterprises to-day may be directly
manufacturers who depend largely upon the traceable to the brilliant lieutenants, or the
dealers as mediums of distribution would do "silent workers."
well to change somewhat their old-time plan
It is not unfrequently found that the ori-
of slowing up upon trade paper advertising ginator of some clever play was not the mas-
during the summer months.
ter mind at the head of the business, but it
Dealers who handle pianos, as well as was some lieutenant who made the sugges-
those who sell other lines, have more spare tions at the proper time.
If we look over the line of successful men
time at their disposal and they naturally will
in
this industry and make a little closer analy-
read more closely the columns of their fav-
sis of their staff we will find that they real-
orite papers while passing- dull hours in the
ized the necessity of surrounding themselves
stores. They will gradually be absorbing- with good men.

Download Page 6: PDF File | Image

Download Page 7 PDF File | Image

Future scanning projects are planned by the International Arcade Museum Library (IAML).

Pro Tip: You can flip pages on the issue easily by using the left and right arrow keys on your keyboard.