Music Trade Review

Issue: 1906 Vol. 43 N. 5

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
TH
12
MU3IC
TRADE-MARK LEGISLATION.
Surprising Record Filed Under New Law—
Some Misapprehensions as to Conditions of
Registration.
(Special to The Review.)
Washington, D. C, July 30, 1906.
The trade-mark division of the Patent Office
has compiled figures relating to the new law
that became effective about a year ago, which
are of decided interest. The Bonynge act, as it
is called, was the first legislation for the protec-
tion of trade-marks used in interstate commerce.
The Currier act passed by Congress in May of
this year and which became effective on July 1,
offers further protection to the manufacturer
with a consequent increase in registration. The
Bonynge act became effective on April 1, 1905.
In less than sixteen months 21,076 applications
have been received, of which, it is believed,
nearly 95 per cent, will be registered. This is
at the rate of about 1,300 applications per month.
During the twenty-four years from 1881 to 1905,
when the Bonynge act took effect, only 60,000 ap-
plications were received, or approximately 2,500
per annum. Of this total 36,166 were allowed
registration, or about 60 per cent.
From the passage of the original trade-mark
act of 1870, to its repeal by the act of 1881, ap-
proximately 12,000 applications were filed in the
Patent Office, of which about 8,000 were allowed
registration, or an average of little more than
1,000 applications and 700 registrations per an-
num. In view of the high percentage of regis-
trations to applications under the new law, it ap-
pears that during the last sixteen months, the
number of trade-marks registered per month has
nearly equaled the number registered per an-
num under the act of 1881, and has nearly dou-
bled each month the annual registrations under
the original statute of 1870.
Two important causes have contributed to this
enormous growth; first, the fact that the Bonynge
act provides for the registration of trade-marks
used in interstate commerce, which were not pro-
TRADE
REVIEW
tected under the act of 1881; and, second, the all the goods produced by a manufacturer are
new law has been construed to require the re- embraced in a single general classification one
registration of old marks in order to protect their
registration will afford full protection.
use in interstate commerce under Federal juris-
Many manufacturers have made the mistake,
diction.
however, of filing applications for trade-marks
E. L. Chapman, chief of the trade-mark divis- to be used on goods they propose to manufacture
ion, last year predicted that the fiscal year would or of adding new lines to the goods previously
show 20,000 new registrations, due largely to the protected. The fundamental principle of the
new law, and records verify his prediction. trade-mark law is that protection shall be afforded
Manufacturers and dealers are learning the value only to trade-marks which have actually been
of protected trade-marks, especially owing to the used upon the goods for which protection is de-
growth of interstate and foreign commerce.
sired, and it is necessary in all cases that the
It is the opinion of the Patent Office officials applicant shall state that the marks have been
that the average number of filings hereafter, un- employed on the goods in question, otherwise the
der the new law, will be about 10,000 per annum, registration is void. To comply with the law,
or about four times the number under the old however, it is only necessary for the trade-mark
statute. Re-registrations are practically com- owner to place it on a single consignment of
pleted, and the increase over the old law here- goods shipped from one State to another, after
after will be due, first, to the advantage of pro- which the mark is eligible to registry under the
tecting marks used in interstate commerce; and, Federal law.
second, to the wide recognition of the value of
protection under the Federal law. There will
ROBBERS STRIKE ON NOVEL SCHEME.
also be a tendency toward increased registration
resulting from the passage of the Currier law at
Two crooks recently concealed themselves in
the last Congress, which permits foreigners hav-
ing manufacturing establishments in the United an empty piano box and were shipped in a freight
States to protect their marks under the same con- car of the Chicago, Milwaukee & St. Paul Rail-
road in an attempt to rob the car. They had re-
ditions that apply to domestic producers.
moved a valuable part of the contents of the
The feature of the Currier act, which went into
car into the piano box, and had started to rest
force on July 1, which provides for the classifi-
and smoke when they set fire to the car, which,
cation of trade-marks, and for the protection of
together with its contents, was entirely con-
an entire class by a single registration, was ex-
sumed. Both thieves escaped through an open-
pected to reduce the current number of applica-
ing in the end of the car.
tions, but although the law has now been in force
A piano consigned to Mrs. Laura McMullen, St.
less than a month the Patent Office officials are
Paul,
was destroyed, but the claim agent of the
confident that an actual increase will result. This
railroad
company settled in full.
grows out of the fact that thousands of manufac-
turers making a considerable variety of goods,
who were prevented from registering their trade-
CHAS. A. TAYLOR CO. INCORPORATED.
marks under the old law because of the pro-
hibitory cost, are now applying for protection in
Charles A. Taylor Co. have been incorporated
large numbers. In some cases the expense to a at Albany to acquire plays and musical composi-
single manufacturer, under the old law, would tions and give stage productions; capital, $5,000.
have amounted to several thousands of dollars, Incorporators: Charles A. Taylor, Laurette Tay-
while under the new statute full protection can lor, Mount Vernon, N. Y.; Frank C. Robertson,
be secured by an outlay of $200 or $300. Where No. 411 West 18th street, New York.
THE BEHNINO PIANO
has always been a good piano from the very earliest days of its history, which is one to be
proud of, for in all these years complaints have been few, and the most enthusiastic
admirers of THE BEHNING are those who have used the instrument in the past, and
who have had a chance to test its many excellences.
The Behning Piano of 1906
contains many individual features that place it in a class by itself. For instance the ART
FINISH used in our instruments is conceded to be the only successful finish on the market.
If you desire a first class high grade instrument that is made by a family of piano makers,
and which contains a scale that gives forth a rich singing quality of tone, and that is care-
fully built in every detail, then you have only one choice, and that is the Behning.
By the way, we also make the BEHNING PLAYER PIANO which is a wonder.
BEHNING PIANO CO.,
132nd Street and Park: Avenue, New York.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
PIANO EXPERIMENTS.
Playing by Sweeping the Strings
Feather.
With a
Sometimes we come across some remarkable
news relating to pianos in the daily papers. For
instance, the Philadelphia Press of recent date
contains the following pointers:
"Open wide your piano £o that the wires are
exposed. Over the wires place sheets of music,
and when you strike a tone you will find that it
has a rattling sound. If now you play a tune
in the same manner, with the sheets of music
still lying on the strings, it will sound as if the
instrument were a banjo. Anyhow, it is a good
imitation.
"Now, remove the music sheets and press
down gently, but firmly, the keys belonging to
any chord. Take the simple chord C, E, G, for
example. The keys must be pressed down with-
out sounding them and held down while some
one gently brushes the strings with a feather or
a straw. The effect will be as if the chord were
played far away and is heard by you as very
soft tones.
"Change the chord, always pressing down the
keys without sounding them, while the feather
Still sweeps the strings lightly. In this way you
may modulate or play a slow piece, and the ef-
fect will be very beautiful, indeed, as if heard
from a great distance.
"The reason of this is that ordinarily a dam-
per rests against each string, but when the cor-
responding key is struck or pressed down the
damper is raised. In sweeping the strings with
the feather, lightly, only the strings that are
undampered sound, the others being held mute
by the dampers, but if the touch of the feather
is too heavy even the other strings may sound
so your care must be in making a light and deli-
cate touch.
"Now, press down a key gently and hold it.
Strike very hard the octave above this key, but
do not hold it after striking the tone. When
the wire of the tone struck has been sufficiently
dampered, so that it does not sound so loud, the
pressed-down key will be heard to 'sing' clearly,
even though it was not struck. This is because
every note struck is composed of several notes,
being in reality a chord in itself, and each note
contained in that chord causes the corresponding
note in the keyboard to vibrate, or 'sing,' in
sympathy if held down in like manner.
"The other notes that will sound under these
conditions will always be the fifth above the
octave, the second octave and the third and fifth
above that, and these tones that sound are called
'overtones.'
"For illustration, if C in the lower part of the
piano is struck, any or all of the notes that fol-
low will sound if their keys are first pressed and
held down."
REVIEW
Col. F. B. T. Hollenberg, the head of the com-
pany, is very enthusiastic regarding the future
of Arkansas, and especially that of the music
company. Arkansas has never experienced a
boom, anu therefore its growth is of healthy and
permanent nature that can be relied upon to
continue.
13
fail to realize under what distressing conditions
an artist is often obliged to play in America."
MUELLER WILL IS CONTESTED.
Fight Made by Relatives to Prevent the Pro-
bating of the Instrument.
A fight to prevent the probating of the will of
the late Arthur C. Mueller, junior member of the
Could be Featured by Piano Dealers With Schmoller & Mueller Piano Co., who died in Chi-
Great Success During Summer—Quick Re- cago last May, is being made in the courts at
turns on Sales—Repossessions Few as Com- Chicago and also in Omaha. The will has been
filed in Chicago and the fight on it is being made
pared With Pianos.
by Mr. Mueller's half brothers and sisters, who
The following excellent remarks are from our are not given any of his property. A similar
Canadian contemporary, The Music Trades fight is being made to prevent the probating of a
Journal, and apply with pertinence to the trade copy of the will in the county court here, and
on "this side of the border": "There is a re- the heirs not named in the will are seeking to
grettable lack of enthusiasm with many piano have an administrator appointed here on the
dealers over the trade possibilities of the organ. grounds the will is not valid.
One ground upon which the objections to the
Why this should be it is rather hard for those
who have made this branch of their business a will are based is the fact he left a large part of
most profitable one to understand. During the his personal estate and all of his real estate to
quiet season in pianos, an energetic dealer can Mrs. Amelia Sti'adler, of Omaha, who is not re-
start his representatives out with organs, and lated to him. After disposing of his stock in the
the right salesman will soon prove the wisdom Schmoller & Mueller Piano Co. and the manufac-
of the move. The returns on organ sales are turing company, the will directs that the re-
found to be generally much quicker than on mainder of the personal property be left to Mrs.
pianos, and the sales are, on the whole, much Stradler, and another section gives her the real
more satisfactory. If a percentage of reposses- estate.
To William H. Schmoller, his partner, he leaves
sions were available, it is safe to say that with
organs the number would be really nominal eighteen shares of stock in the Schmoller &
when compared with pianos. If the dealer can Mueller Piano Co. and eight shares in the
cater to a country trade, where perhaps the Schmoller & Mueller Mfg. Co. The remaining
greatest number of organs are placed, he will shares of stock he directs shall be divided into
find that the payments will be more promptly three equal parts to be held in trust by William
met than in the city. There are a few dealers H. Schmoller and John V. Steger—one-third for
who have the notion that it is not quite so his sister, Maud E. Mueller; one-third to Hattie
dignified to feature organs as it is pianos. This E. Mueller, and one-third to Mrs. Stradler.
Mr. Schmoller, through his attorney, has en-
is utter nonsense, in the first place, and if the
returns from the organ are quicker and more tered objections here to the appointment of an
satisfactory, it is like cutting off the nose to administrator on the grounds the will has been
spite the face to overlook them. It is business filed for probate in Chicago.
and money we are all after, anyway, and a man
can uphold his dignity if he is the right man,
GREETINGS FROM 'FRISCO.
whether he is selling a piano, an organ or a
washing machine. The farmer of to-day is not Merchants' Association Telegraphs Apprecia-
the stay-at-home man of fifty years back. He is
tion of Aid from New York.
up-to-date HO far as his purse will let him, and
there are as few homes in the country now with-
The Merchants' Association, of New York,
out an instrument of some kind as there were a which raised and disbursed $185,362.04 for the
few years ago with one."
sufferers by the San Francisco earthquake and
fire, has received the following telegram from
the Merchants' Association, of San Francisco:
WHY THE PIANISTJ)FTEN SUFFERS
"The Merchants' Association, of San Francisco,
assembled at its semi-annual dinner in the cen-
From Unfavorable Criticism—Long Distances
ter of the burned district at the St. Francis
to Cover Make Artists Tired and Travel
Hotel, ninety-eight days after the fire, sends
Worn—Reisenauer Says It Is Hard to Have
greetings to its honorary member, the Merchants'
a Man Do His Best Under Such Circum-
Association, of New York, with grateful appre-
stances.
ciation of its generous aid rendered our city in
its hour of need. We send assurances that the
Last season the uneven playing of certain courage and the commercial spirit of the people
noted pianists was the subject of comment. For are unbroken, and that in record time San Fran-
instance, the opinions of critics in the East and cisco will arise better and greater than ever."
HOLLENBERG'S NEW BUILDING
West often were in conflict. The reason for this
Will be a Credit to the Company and to Little has now come to light through the contribution of
ANOTHER WOMAN AT THE HELM.
Reisenauer, which appears in the Etude. He
Rock—Will Have Handsome Music Hall.
says: "I have been obliged to play in one West-
Mrs. E. L. Gregory, who for some months has
The new building now being erected for the ern city one night, and in an Eastern city the been the proprietor of Gregory's Music House,
Hollenberg Music Co. at Seventh and Main following night. Hundreds of miles lay be- Saginaw, has announced that she has now as-
streets, Little Rock, Ark., will be in full accord- tween them. In the latter city I was obliged to sumed sole management of the business. Mrs.
ance with the growth and bright future of this go directly from the railroad depot to the stage Gregory is thoroughly conversant with the music
enterprise. It will be 50x160 ft. ground measure- of the concert hall, hungry, tired, travel worn trade, having been connected with it ever since
ments and will be five stories high, of pressed and without practice opportunities. How can a her husband established the music store ten years
brick, decorated with architectural relief work man be at his best under such conditions? Yet ago, and she will carry the business on along
certain conditions make these things unavoid- the broad lines that were laid down in the be-
and copper cartouches. The style is Venetian.
The first two floors will be given over to piano able in America, and the pianist must suffer oc- ginning.
salesrooms, the third to recital hall, which will be casional criticism for not playing uniformly
equipped with pipe organs, self-players, etc., and well. In Europe such conditions do not exist,
In one mail last week, M. P. Moller, the pipe
capable of seating 225 people. There will also be owing to the closely populated districts. I am organ manufacturer of Hagerstown, Md., re-
piano and phonograph parlors, with sound-proof glad to have the opportunity to make this state- ceived orders for four instruments, a decided
ment, as no doubt a very great many Americans tribute to the quality of his products.
walls for private display of instruments.
POOLE
ORGAN TRADE POSSIBILITIES
and 7 A P P L E T O N
Appeal to cultivated tastes. They are
marvels of beauty and form at once'a
valuable accessory *o any piano store
S T R E E T . BOSTON, MASS,

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