Music Trade Review

Issue: 1904 Vol. 38 N. 5

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
40
THE: MUSIC TRADE:
REVIEW
issuance of an injunction restraining the
Universal Talking Machine Mfg. Co. from
Against Universal Talking Machine Co. to Restrain using "his name for the purposes of trade.''
Them From Using His Name For Purposes of
In support of the application Nathan
Trade—Some Novel and Strong Points Pre-
Burkan,
counsel for Herbert argued that
sented by Defendants.
the defendant company was engaged in
Victor Herbert, the composer and con- the manufacture and sale of instruments
ductor, on Monday made application to for the mechanical reproduction of music
Justice Leventritt, in special term, P. I., and speech, called zon-o-phones; further,
of the New York Supreme Court, for the that the company had issued and sold a
VICTOR HERBERT BRINGS SUIT
HIGHEST
QUALITY.
LOWEST PRICES.
THE C. G. CONN
Perfected Wonder System Clarinet.
THE PERFECTED
THE PERFECTED
Combines the excel-
lencies of all Previous
Systems, in addition to
the Puneschi improve-
ments and Many Other
Important Recent
Devices-
Receives
Unqualified
Endorsement of the
World's Eminent Clarinet
Playersm Among them,
L. H. Christie, W. Bayne,
J. Vanuouche, P* Km
Matus and Em Am Bosworthm
For illustrated catalogue giving full description of the Perfected
Wonder Band Orchestra and Solo Instruments, Address
Clarinet
and the
Elkhart, Ind.
C. G. CONN,
JUST OUT.
WOVJASS E\IREDITIOIH
MUSICAL MERPIAKDI JE
C A T A L O G U E <=«*=>
Dealers in the South
and Wejst w i l l be
interested in this cata-
logue. It is to be had
for the asking. . . .
large number of records for the zon-o-
phones which were marked as presenting
music "actually played by Victor Herbert's
Band." As a matter of fact, counsel con-
tended Mr. Herbert's orchestra never
played for any records of zon-o-phones or
other similar instruments. It might
be Herbert's music, but was never
played by an organization with which he
is connected."
Mr Burkan said that Herbert's suit was
based on the law passed in 1903, which pro-
vides as follows:
"Any person whose name, portrait or
picture is used within this State for adver-
tising purposes of trade, without the writ-
ten consent first being obtained, may main-
tain an equitable action in the Supreme
Court to prevent and restrain the use there-
of and may also sue and recover damages."
Herbert has also begun a suit against
the Universal Co. to recover damages for
the. alleged wrongful use of his name-
Peter B. Olney, of Olney & Comstock,
counsel for the Universal Talking Machine
Mfg. Co. opposed the issuance of an in-
junction on the ground that the complain-
ant had long known his name was being
used in connection with talking machine
records, not only by his clients, but every
other company in that line in the country;
that he had never taken steps, or sent no-
tice to discontinue the practice, and, there-
fore, his negligence should act as an estop-
pel in equity. A novel point was also
raised by Mr. Olney, in which he claimed
the statute in question could not exercise
a person's judgment concerning the use of
his name under the conditions specified,
and therefore it was defective. He cited
precedents in proof of this contention.
Pending decision papers and affidavits
were filed with the court on Tuesday by
both sides, and an early decree is ex-
pected.
A VIOLIN CENTER.
Markneukirchen, Germany, sold in the
United States last year, $137,000 worth of
violins, $66,000 of bows, $60,000 of strings
and $132,000 of accordeons and concertinas.
All the raw materials for these articles is
imported; the stock for strings all comes
from Russia.
ThiebeS'Stierlln
Musical
Instrument Co.,
MANDOLINS, BUITARS
BANJEAUX
THIEB5J5TIERLIN MUSICAL INSTRUMENT
COMPANv
St. Louis, Mo.
IOO3
ST.LOUIS
19 O 4
ARTISTIC AND ELECANT
OUR CATALOGUE* WILL
INTEREST YOU
GENUINE "COURTOIS" BAND INSTRUMENTS
AND
SAXOPHONES.
The World's Most Famous Soloists' IDEAL.
WM. R. GRATZ COMPANY,
J0 ;» -e»
ANGELO-"™ Mandolins, Mandolas^z Guitars
Highest Award and Oold Medal at all International
and Universal Expositions.
67 6 - 6 7 8 - 6 8 0
E A G L E
DURRO
BUEGELEISEN & JACOBSON,
F O R C A T A L O G U E
A V E N U E ,
SACINAW,
MICHIGAN
1
SOLE AGENTS for tK« United States.
W R I T E
WALDO MANUFACTURING CO.
A N D T E R M S
A new departure in riandolln Construction
THE AMERICAN LUTE
The Mandolin with the Violin Tone
PRICE, $40.00
Terms on application.
Agencies allowed to reliable dealers and teachers.
C. L. PARTEE MUSIC CO., 5 E. Mth St., New York City
Send for catalogue of latest publications.
N E W YORK.
Violins, Bows, Strings
HARPS, HARPS
Double actions by Rrard, Kr&t, Grosjaan and
all Landon makers. Good ai new. Largest
stock of second-hands in £ur«pe.
Prices reasonable. Correspondence solicited.
And High=Class Trimmings,
NEW YORK
J.
MILLER,
BRISTOL.
HARP MAKER,
ENGLAND
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
41
THE MUSIC TRADE
HERE'S A MUSICAL COMBINATION.
THE REGINA EXCHANGE PLAN
A Trumpet, Harmonica, Bells, Cymbals'and Minia-
ture Bass Drum All in One, and Called an
"Orchester Tromp:te"—Will Find a Place
Among the Curiosities.
Somewhat on the Tabard Inn Library Idea—Will
Help Popularize the Regina Music Box—Deal-
ers Will Have the Privilege Like Retail Cus-
tomers.
A combination in one instrument of a trum-
pet, harmonica, bells, cymbals and a minia-
ture bass drum—in all about 18 inches in
length—and designated as an ''orchester
trompete," is a novelty with a vengeance. The
German manufacturer in shipping it to his
American agent expressed great hopes and
indulged his fancy concerning this freak's
quality as a seller. The representative—a
seasoned campaigner in small goods—viewed
the "novelty" with a skeptical air, and with a
smile unhesitatingly passed judgment by stat-
ing "it didn't amount to anything," and then
placed it on a high shelf, which he called his
museum.
German manufacturers of certain lines
of musical merchandise are said to be prolific
producers of so-called novelties, which im-
porters regard anything but favorably. Not
that the latter are opposed to the introduction
of fresh designs and patterns, or entirely new
things, but they would like to have the al-
leged novelties constructed along selling lines
and not merely made for the purpose of em-
bodying some eccentric idea that appeals to
the few who have a penchant for articles
peculiar, to say the least.
The Regina Music Box Co., 11 E. Twenty-
second street, in pursuance of their progres-
sive policy for 1904, have determined to give
their patrons throughout the States the bene-
fit of an exchange, plan, whereby, on payment
of a monthly fee, with a nominal charge for
new discs, a continuous exchange of discs
may be effected. For the smaller sizes a
yearly subscription of $2 is necessary in order
to participate in the plan, the sum of five
cents being paid for every new disc taken by
members in exchange for those in possession.
The details of the idea have been worked
out and the plan will go into operation at an
early date, Regina dealers, in due course, hav-
ing the same privilege as retail customers.
FANCY PRICES FOR VIOLINS.
do not buy more at these sales, where, al-
though no great bargains are likely to be
picked up—for the dealers would not allow a
violin to go to an outsider for much under
its trade worth—yet the prices are very great-
ly below those asked in the shops, and are
of course almost trivial compared with the
figures quoted by some of the collectors. The
£3,000 fiddle is in fact a myth. Nothing over
£1,000 has ever been known.
NEW FACTORY TO BE ERECTED
For Maulbetsch & Whittemore at Newark, N. J.
[Special to The Review.]
Newark, N. J., Jan. 25, 1904.
Maulbetsch & Whittemore, manufacturers
of musical instrument cases in Summit street,
have bought from Dr. Charles F. Kraemer
the property on the northeast corner of
Spring and Cross streets, 65x104 feet. The
two frame buildings on the plot will be torn
down at once and a four-story brick building
covering all of the land will be erected. It is
expected that upward of 100 hands will be
employed in the new factory.
The test of the auction room is still antag-
onistic to the exaggerated prices which the
violin fanciers would have us believe show
the true worth of old violins. Some excel-
POTTSTOWN'S NEW BAND.
lent specimens were sold last week in London,
and they were nearly all purchased by deal-
Pottstown, Pa., is now boasting of a new
ers, so that their authenticity may almost be band which has been organized under the
taken for granted, but £200 was the highest name of "The Imperial Band of Pottstown."
price secured. This was gained for a Joseph It is under the leadership of Mr. J. Weidner,
Guarnerius of 1731, while a Jerome Amati manager of Lamb's Music Store, with Prof.
JOHNSON & CO. SECURE UNIVERSAL LINE.
(with certificate by the renowned authority C. Brooke as director. The Imperial Band
By a deal recently closed Johnson & Co., Josef Chanot) fetched £100, an A. and H. is made up of experienced players. The
Toronto, have become the exclusive agents of Amati of 1630 went for £95, and some excel- headquarters of the organization are at
the Universal Talking Machine Mfg. Co.'s lent old fiddles fetched a little over £50 each, Lamb's Music Store, 12 North Hanover
complete line of goods for Canada.
it is surprising that ordinary purchasers street.
TWO MILLIONS'
A MONTH
WE HOLD T H E RECORD
Grand Prize Paris 1900
COLUMBIA MOULDED RECORDS
BLACK SUPER-HARDENED; BRAND NEW PROCESS. Best cylinder records ever made. Much harder and much
more durable than any other cylinder record. Our enormous output of Two Million Records a month enables us to sell these
New and Superior Records for
25 Cents Each
Columbia Indestructible Disc Records have always been the Standard of Superiority. Seven Inch Discs; 5Oc each £ 5 a dozen.
7 e n Inch
Discs; $1 each $IO a dozen.
Send for Free Catalogue M containing long list of vocal quartets, trios, duets, solos and selections for band,
orchestra, cornet, clarinet, piccolo, xylophone, etc., etc.
For sale by deaUrt evtrrvkare and by tH
COLUMBIA PHONOGRAPH
PIONEERS AND LEADERS IN
THE TALKING MACHINE ART
NEW YORK, Wholesale. Retail, Export, 93 Chambers Street. UPTOWN, Retail Only, 872 Broadway.
CHICAGO. 88 Wabash Ave.
PHILADELPHIA, 1608 Chestnut St.
SAN FRANCISCO, 125 Geary St.
ST. LOUIS, 709 Pine St.
CLEVELAND, Euclid Ave. and Erie St.
MILWAUKEE, 391 E. Water St.
BUFFALO, 645 Main St.
BALTIMORE, 110 E. Baltimore St.
PITTSBURG, 615 Penn Ave.
BOSTON, 164 Trcmont St.
INDIANAPOLIS, Claypool Hotel Bldg.
DETROIT. 37 Grand River Ave.
OAKLAND, 468 13th St.
KANSAS CITY, 1016 Walnut St.
DENVER, 1625 Lawrence St.
MEMPHIS. 302 Main St.
WASHINGTON, 1212 F St., N. W.
PORTLAND, ORE., 128 7th St.
OMAHA. 1621 Farnam St
MINNEAPOLIS, 18 4th St., South.
LOS ANGELES, 828 So. Main St.
LONDON, Wholesale Retail, 89 Great Eastern St., E. C.
R«TAIL BRANCH STOK, 200 Oxford St., W.
PARIS, 1 Rue Lton Clad el.
BERLIN. 71 Ritterstrasse.
HAMBURG. Adolpksplatx No. 4.
ST. PETERSBURG, Kazan Place 8.

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