Music Trade Review

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THE MUSIC TRADE REVIEW
11
I
T has been apparent for some years past that the legal tribunals
of our country have been inclined more and more to safeguard
the names of concerns which have now a commercial value for their
products. At the same time in most recent court decisions it is evi-
dent that no legal restrictions shall be placed upon the using of a
family name for trade purposes, provided the use of that name is in
such a way that no attempt is made to trade upon the reputation
of another by confusing the public as to the identity of the product
offered for sale.
A decision has recently been rendered by the Supreme Court of
the United States which cannot but have an important effect upon
future rulings of the courts in cases where unfair competition is
charged.
H E members of both the trade associations favor fixed prices
There has of late years been a strong tendency on the part of the
in the retailing of pianos, and what easier way is there to es-
courts
to give to manufacturers and distributers the sole right to
tablish this important principle in a firm position than for the
uso
a.
name
under which they have long done business and for which
manufacturers themselves to name the maximum prices at which
they
have
built
up and established a reputation. Several cases of
their instruments shall be offered to retail purchasers? Until this
:
+h
s
kind
have
been
reported at various times in The Review and will
plan is generally adopted there will be considerable deviation from
doubtless
be
recalled
by our readers. Very recently the Circuit Court
the asking price, and the selling price.
of the Northern District of Illinois decided that a firm doing business
Geo. P. Bent says that no one on earth, no matter how able,
as Best & Co., on Twenty-third street, New York City, possessed
honest, or earnest he may be, is capable of grading pianos and
the sole right to the use not only of that name, but also of the word
telling with exact fairness and justness just where one piano ranks
"Liliputian;" the name "Liliputian Bazaar" having for many years
or grades as compared with another, or others. No one living man,
been employed by the original firm of Best & Co.
according to Mr. Bent, can do this properly, no matter how hard he
may try to be fair and just. That is all right as-far as grading is
concerned, but we do not believe that Mr. Bent would argue that
N this case the defendant was one of the sons of Albert Best,
the man who produces a piano is incapable of passing upon its merits
founder of the New York house. He, with a brother, had started
or of naming a retail price at which it shall be sold. It certainly
a similar business in Chicago under the name of A. S. Best & Co.,
would be a reflection upon his intelligence if such a condition existed.
using on his signs the words, "Liliputian Outfitters." The complain-
One price, and that placed upon it by the manufacturers, will settle
ant in the case had become by purchase the proprietor of the business
one of the most annoying and vexatious of trade problems.
known under the name of Best & Co.
The court granted the injunction, restraining the defendants,
not
only
from the use of the word "Liliputian" in connection with
T would seem from views expressed at the trade convention by
the
name
Best & Co., but also from the use of the combination "Best
both manufacturers and dealers that territorial rights and con-
&
Co."
In
this instance, therefore, the use of one's own name was
troversies might be defined in the same way that General Hancock
regarded as unfair competition, and this, though the locations of the
defined the tariff issues as being purely local. Col. Conway says
two firms were nearly a thousand miles apart.
there is no power on earth that can be brought in from the outside
to settle a family dispute, and that he had recently closed out an
HE decision of the Supreme Court referred to, however, is in
agency that paid in $30,000 cash last year because he couldn't pre-
direct opposition to that of the Circuit Court. This decision
vent the dealers encroaching on one another's territory. He said
referred to the use of the name Remington by the manufacturers of
further: "It is a matter that must be handled by each manufacturer
the Remington-Sholes typewriter, the name also being employed in
and no other power or concern on earth can derive even the inspira-
the abbreviated form "Rem-Sho." Although the name Remington
tion, much less the law, to enforce the regulation of territory."
has become universally celebrated in connection with a certain make
Henry F. Miller stims up the territorial situation by saying
of typewriter, the Supreme Court held that its use in the combination
that the question of territorial rights is very much a matter of good
Remington-Shole was a reasonable and fair one and could not be
commonsense, which should be easily settled between the manufac-
enjoined.
turer and dealer.
This decision is so contrary to those rendered by lower courts
that
it
is deserving of special note and attention.
THER expressions were along similar lines which would seem
trade papers, and the proprietors of this enterprise realize that they
could not do to-day what they accomplished years ago by leaving the
trade papers out of their consideration. Dealers in every line like to
handle products which are advertised in their favorite trade journals
in a consistent manner. All such work is helpful to their interests,
and it further indicates a progressiveness on the part of the adver-
tiser which is appreciated by the distributor. The dealers 10-day
prefer ;to ally themselves with firms who are believers in modern and
progressive ideas, which means that they are users of that kind of
printeifs ink which is not directed over the dealer's head to the
consunper.
T
I
I
T
O
to show conclusively that as far as the territorial rights or
territorial encroachments are concerned the issue is past and dead
with the two trade organizations. It is simply back to the starting
point, and is a matter which should be adjusted without outside in-
terference between the parties directly interested.
No concerted
action can be taken, and no penalties imposed. Territorial rights is
a far different proposition than fake advertising, or any other topic
which may be handled broadly. But the encroachment of territorial
rights seems definitely settled for the present at least, as a matter
which is not to be considered by those whose interests are not directly
affected.
T
H E REVIEW booth at the Lewis and Clark Exposition, Port-
land, Ore., occupies a prominent position in the Liberal Arts
Building, where it is the rendezvous for professional and trade vis-
itors.
The work which we are doing at the Exposition has been
most favorably endorsed by the leading dealers on the Pacific Coast,
many of whom have shown the strongest interest in our enterprise.
One man writing from Portland, says: "Your work here is not only
a credit to trade journalism, but it is of great benefit to the entire
music trade industry, and 1 most heartily commend your enterprise."
I
T now seems that there is a strong possibility that the Piano
OOD fellowship and a desire to get together is more in evi-
Manufacturers' Association may change their place of meeting
dence in this trade than ever before, and the association gath-
from West Baden next year to one of the larger cities. A great
erings must be credited for developing the good fellowship germ.
many have expressed disgust regarding the accommodations at Put-
The traveling men are not to be left out of the association round
up. There is no reason why the road men should not build up a * in-Bay, and favor hereafter the holding of events only in the larger
cities.
society which shall be helpful to their interests. There are good men
One of the members of the trade has forwarded to The Review
behind the initial move, and membership in the new organization
a very elaborate collection of mosquitos which he said he captured
should grow rapidly.
after a protracted struggle in his room at Hotel Victory. They vary
It was more than a decade ago when The Review urged the
in size from the ordinary Jersey variety to the fully armed breed
formation of a salesmen's association, and our suggestions were
known as the Parsona Ponderoso, which is a native of Put-in-Bay.
adopted, but the officers thought well to introduce some kind of an
There is an old tradition that a swarm of this particular kind of
insurance scheme, and the move was not a popular one, since the
mosquitos settled on the British gunners in the celebrated conflict
organization was permitted to die quietly and was buried without
of 1812, and were strong aides of Perry in defeating the British,
funeral honors,
G