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THE
fflJJIC TIRADE
VOL. XL. No. 12.
Published Every Saturday by Edward Lyman Bill at t Madison Ave*, New York, March 25, 1905.
an infringer in that State, whether the infringe-
ment occurred in commerce within that State, or
Is Somewhat Misunderstood—Will Probably
in interstate or foreign commerce. He may still
Result in Many Suits Being Brought in the
go into the Federal courts and sue upon an un-
Federal Courts for Infringements.
registered trade-mark by showing diversity of
citizenship and that the amount in controversy
The recent act of Congress, which is to take is worth $2,000. But he cannot enter a Federal
effect April 1, 1905, providing for the registra-
court to sue an infringer residing in his own
tion of trade-marks used in interstate commerce, State unless he first registers his trade-mark, and
has excited widespread interest, and has been
then only when he can show that the infringe-
largely misunderstood. The impression has been
ment has occurred in interstate or foreign com-
gh*en that its enactment radically changes the merce.
previously existing law, and that ownership of
The broad distinction heretofore existing be-
trade-marks heretofore acquired would be im- tween the trade-mark law of the United States
perilled unless such marks were immediately and the laws of most foreign countries remains
registered under the new law. No such condition unchanged. This distinction is that in this coun-
is in fact created by the new act. In order that try the ownership of the trade-mark is acquired
its precise scope and effect may be understood
not by registration but by adoption and use;
I will first state the condition of trade-mark law whereas in most other countries ownership is ac-
in the United States prior to the enactment of
quired by registration. In most countries no suit
this new statute:
can be brought for infringement of an unregis-
Heretofore trade-marks have been protected in tered trade-mark. In the United States the great
three ways: (1) as a common-law right without majority of trade-mark suits are independent of
any registration whatever; (2) by registration registration; the marks either having never been
under the laws of the separate States; (3) by registered, or if registered, the registration not
Federal registration, limited to trade-marks used being relied upon. Under the new act more suits
in commerce with foreign countries or with the will arise under registered trade-marks than here-
Indian tribes.
tofore. Registration becomes more attractive and
The new act extends Federal registration to more desirable, but not indispensable.
trade-marks used in commerce between the
One obstacle to registration heretofore has
States.
been the high registration fee of $25. This the
The protection of trade-marks used in inter- new act reduces to $10.
state commerce would be a notable advance if
Is registration worth while? Its advantages
previously there had been no such protection. In are that it gives notice to the world of the regis-
fact, however, there have been heretofore ample trant's adoption of the trade-mark and of his
remedies against infringement of trade-marks in claim of proprietorship; hence it deters others
interstate commerce. In case of infringement the from unknowingly adopting the same mark. It
injured owner could sue the infringer in the gives him access to the Federal courts to sue an
State courts of the latter's own State; this right
infringer who resides in his own State, if the
still exists, being unaffected by the new act. Or, infringement has occurred in interstate or for-
if the plaintiff and defendant resided in different eign commerce. It also gives him the benefit of
States, the defendant could be sued in the United
the increased power which the new act gives to
States courts upon alleging the value of the mark the Federal courts in reaching and punishing in-
to exceed $2,000; this right also remains under fringers. These advantages are thought to make
the new act. If the infringement occurred in
registration well worth the moderate expense
commerce with a foreign country or an Indian now involved.
tribe, then suit could be brought in the Federal
courts without any diversity of citizenship, if the
KRELL AUTO=GRAND
trade-mark were duly registered. All the rights
thus stated are preserved under the new act. The
Receives a Splendid Endorsement.
only case not heretofore provided for was where
The Krell Auto-Grand has made rapid strides
the owner and infringer both resided in the same
State, and the infringement occurred in inter- in trade popularity since its advent, and the com-
state commerce; in such case heretofore a suit pany have been in receipt of many letters which
would not be entertained by the Federal court, come from enthusiastic purchasers. Victor E.
and the owner would be compelled to resort to the Seiter, president of the Logansport State Bank,
State courts. The new act opens the door of the Logansport, Ind., send the following:
Federal courts to owners of marks used and in- "Auto-Grand Piano Co., Newcastle, Ind.
"My Dear Mr. Krell:—I want to tell you that
fringed in interstate commerce, where there is
no diversity of citizenship. The principal legal the Krell Auto-Grand piano received last Decem-
effect of the new act, therefore, is to enlarge the ber is all you represented it to be; every person
jurisdiction of the United States Courts. It will who has seen and heard it greatly admires the
probably result in many suits for infringement handsome style and finish and 'what a beautiful
of trade-marks being brought in the Federal tone it has,' which is getting clearer and mel-
courts which otherwise would have been brought lower from constant use.
"The piano is nearly human and is under com-
in the State courts.
It is important to recognize that the new act plete control of the player. I am using standard
does not make registration obligatory. An owner music rolls of different 'perforators' without any
who chooses to leave his trade-mark unregistered trouble.
"I have been waiting patiently for years for
may still preserve all his common-law rights. He
may still go into the courts of any State to sue this kind of an instrument, and to say I am de-
NEW TRADEMARK LAW
SINGLE COPIES, 10 CENTS.
$2.00 PER YEAR.
lighted with it, is putting it mildly, if I could
not get another, money could not buy it.
"You deserve a great deal of praise for placing
on the market so simple and perfect an instru-
ment and are surely entitled to the patronage of
all lovers of good instruments."
GETTING THINGS READY
For Hagen & Reufer Piano Factory.
(Special to The Review.)
Middletown, N. Y. ( March 18, 1905.
Charles Hagen, of the New York Pianoforte
Key Co., which will remove to this city from
Peterborough, N. H., the last of the month, was
in town Saturday afternoon with Luis Jackson,
Industrial Commissioner of the Brie Railroad,
and several engineers for the purpose of laying
out the switch from the Erie tracks to the yard
of the factory on Railroad avenue, work on which
will commence shortly.
J. O. Ebner, who has the contract for the steam
fitting and plumbing, has the job nearly com-
pleted and the construction of the new boiler
house and dry kilns will be commenced as soon
as the weather will permit.
COMPLIMENT TO SCHAEFFER.
Well Known Kansas City House Refers to it as
"Best in the West" in An Attractive An-
nouncement.
That is a striking advertisement of the Schaef-
fer piano put forth by that well known Kansas
City concern, the J. W. Jenkins Sons Music Co.,
which certainly advertises the Schaeffer in no
unequivocal way when it refers to it as "the best
in the West" as a headline.
This noted Kansas City house would not in-
dulge in this form of advertising unless they
were first of all, confident that the "new era
Schaeffer" was in every respect a remarkable
piano. The constant betterments which have
been made in the Schaeffer have been well appre-
ciated by dealers who are good judges of piano
values, and from all over the country numerous
expressions of endorsement are constantly sent
to the home office. It would seem that the latest
Schaeffer creations have made a decided impres-
sion upon the dealers which reaches the dignity
of a good round solid hit, a central hit at that.
NORRIS NOISELESS AXIOMS.
NO. LVIII.
"It is easier to preserve a friend than to re-
cover him when lost" and you can win trade
friendship with the Norris noiseless pedal
actions, and there is no danger of losing that
desirable part in human make-up, friendship, if
you still continue to use them for they win and
hold friendship fast and sure.
The Springfield branch of the Ludwig Piano
Co. has recently been enlarged, and one of the
handsomest electric signs to be seen in the city
is placed in front of the establishment. It at-
tracts much attention.