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THE
MUSIC TRADE
EDWARD LYMAN BILL • Editor and Proprietor
J. B. SPILLANE, Managing Editor
Executive and Reportorlal Staff:
GEO. B. KBLLBR,
L. B. BOWERS,
W. H. DYKES,
F. H. THOMPSON,
J. HAYDBN CLARBNDON,
B. BRITTAIN WILSON,
L. J. CHAMBEKLIN,
A. J. N I C K U N .
CHICAGO OFFICE
BOSTON OFFICE:
ERNEST I* WAITT, 100 Boylston St.B. P. VAN HARLINGBN, Room 806,156 Wabash Ave.
Telephone, Central 414.
PHILADELPHIA:
MINNEAPOLIS and ST. PAUL:
ST. LOUIS:
K. W. KAUTPMAN.
ADOLF EDSTBN.
CHAS. N. VAH BURBN.
SAN FRANCISCO: S. II. GRAY, 2407 Sacramento St.
CINCINNATI. O.: BERNARD C. BOWBN.
BALTIMORE, MD.: A. ROBERT FRENCH.
LONDON, ENGLAND: 69 Baalnghall St., B. C.
W. LIONEL STURDY, Manager.
Published Every Saturday at 1 Madison Avenue, New York
Entered at the New York Post Office as Second Class Matter.
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REMITTANCES. In other than currency form, should be made payable to Edward
Lyman Bill.
Music Publishers'
An Interesting feature of this publication Is a special depart-
Department V V ment devoted exclusively to the world of music publishing.
Exposition Honors Won by The Review
Grand Prix
Paris Exposition, 1900 Silver Medal. Charleston Exposition, 1902
Diploma.Pan-American Exposition, 1901 Gold Medal. ...St. Louis Exposition, 1904
Gold Medal
Lewis-Clark Exposition, 1905.
LONG DISTANCE TELEPHONES-NUMBERS 4«77 and 4678 GRAMERCY
Connecting all Departments.
Cable a d d r e s s : "Elblll, N e w York,"
NEW YORK, SEPTEMBER 5, 1908
EDITORIAL
T
HE under-current of the correspondence of business houses
and tlie reports received at this office from Review repre-
sentatives in the various parts of the country are interpreted as indic-
ative of substantial business improvement and reflect a spirit of
greater confidence and better feeling than has manifested itself so
far this year. There arc excellent reasons why this optimistic
spirit should exist. The improved financial conditions and the gen-
eral desire of the people to get away from business depression are
all helpful in bringing about a fall trade which shall take high rank
with the best business experiences of years past. Men prominently
identified with the piano trade assert that orders are coming in
much freer and of a more satisfactory character than for months
past. Collections are much better and houses having large West-
ern and Southern connections report a decidedly optimistic feeling
prevailing among their agents. September starts in in good form
and there is but little doubt that before it is closed, piano manufac-
turers and dealers, in connection with other business men, will have
greatly benefited by constantly improving business conditions.
LEADING piano manufacturer, while discussing trade con-
ditions with The Review, remarked that the falling off in
business had put the employers of labor, and more especially of
skilled labor, in a comparatively comfortable position. A year or
two ago it was difficult in many lines to get competent workmen
and to retain them if secured, while there was at the same time a
general tendency on their part to shirk their responsibility. There
is a good deal in this, for unquestionably the large demand for
labor created a certain indifference and developed as well a spirit
of restlessness among the men and many of them were not inclined
to do their best work. But now it is quite different. Employes
under present conditions are more anxious to please and are. conse-
quently taking greater interest in their work. The force in nearly
all factories has been reduced and this has naturally been accom-
plished by laying off the least efficient workmen. This reduction
of force has had the double effect of making those still employed
A
REVIEW
anxious to retain their places and to do this, by earning credit for
good service. Thus the efficiency of the general run of factories
has been increased. Strikes are fewer and complaints arc easier to
handle because the men doing the work are the most competent.
The question of wages, too, has been a comparatively simple one.
Advances are not expected and while there have been few reduc-
tions, the tendency is rather that way. Intelligent workers realize
that it might be necessary to reduce wages and in the present junc-
ture, those who have work give evidence of their interest to keep
it. This state of things is not only comfortable for the employers,
but unquestionably good for the men who are not under the de-
moralizing influences of an excessive demand for their labor. They
are the better for feeling that they must do their best and when all
of us are doing our best, it helps very materially to make conditions
more pleasant all around. It has not been an easy task for the men
who have had to finance large enterprises to keep everything going
during the past year, and the fact that they have been relieved from
labor troubles has lessened their worries somewhat. Strikes are
always inseparable from good times, but when the tendency is to
cut off help, the workmen themselves realize that if a half-dozen
men are looking for their positions, it behooves them to do good
work in order to retain them.
T
RADE-MARK litigation is growing in every branch of busi-
ness, for it seems that there is a constantly growing army
who desire to profit by the work of those who have expended years
of toil and great expenditure of money to create a value for a name.
There are those who suddenly discover that their names closely
resemble those of other men which have a practical value in the
mercantile world. They never learn this remarkable fact until the
value has been created by the money and work of others. Then it
occurs to them that it would he a very clever thing to embark in a
similar business and use their own names. Patent attorneys say
to-day that the amount of trade-mark litigation has increased enor-
mously of late years and that it usually takes the form of opposition
on the part of owners n\ wiluabir trade-mark names t<» the use by
others of names having a strong resemblance. Now, this matter
of trade-mark violation comes pretty near striking at the very cita-
del of advertising for more than 50 per cent, erf the advertising
which is being done to-day is for the purpose of creating proprie-
tary trade-marks. Commenting along these lines, "Printers' ink"
recently said: "Now there appears to be a growing class of shrewd
persons who seek to wrest frdm the successful advertiser his hard-
won laurels. This thing is not simply a matter of sentiment—it is
the most practical kind of a. business proposition. Suppose you
have spent $100,000 in popularizing the name of a soap. Along
conies another man with a soap which he calls by a similar name—
perhaps only three or four letters of the name being changed. H e
trusts to such similarity to create confusion in the public mind, and
to enable him to intercept a certain amount of the sales resulting
from this great publicity given to the original article. If it is a
palpable infringement, the Patent Office or the courts will afford
proper redress.
' I T 3 U T infringers are growing more skilful. They are learning
1—J how to infringe and still keep out of harm's way. Prob-
lems are every day being put up to the Patent Office which are
enough to turn the examiner's hair prematurely gray. If someone
builds up a reputation for a 'Rub-Dry' towel, has some other nianu-
facturer the right to. market a 'Dry-Quick' towel or a 'Rub-Down'
towel ?
"Between such names there arc points of similarity and also
points of dissimilarity. The careful buyer will not confuse these
names and purchase one when he intends to get the other.
"But most people are not careful buyers.
"Advertisements are read hastily and only a general impression
is left on the public's mind. The infringer realizes this, and it is a
study with him to see how close he can cdme to a well-advertised
trade-name and still evade the penalty of the law. If he can invent
a word sufficiently distinct to pass muster with the Patent Office
and yet close enough to a famous trade-mark to confuse the large
class of careless buyers, he may begin at once to reap where he has
not sown.
"One of the neatest bits of sarcasm, ever handed down from the
bench, emanated from Judge Lacombe, in the case of the National
Biscuit Co. vs. Baker, involving the words 'Uneeda' and Mwanta':