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TH
MUSIC TRADE
REVIEW
11
TRADE=MARKS AND THE COURTS.
tions, contribute alike to the support of our Na-
tional Government.
"Regarding the proposed Federal corporation Some Interesting Views on This Subject of In-
E. S. Conway Shows Unfairness of Law to
law,
I cannot give an expression of opinion be-
terest to Piano Men from Printers' Ink.
Private Corporations Designed to Recognize
cause I am not advised as to the scope of the law.
Faithful Employes—Says Corporate Exist-
If, however, its effect will be to impose any fur-
ence Should be Encouraged Rather Than
Lawyers are constantly alarming themselves
ther burdens on corporate interests, which is
Penalized—A Careful and Able Analysis of
over
the trade-marks which do not have basis for
probably the purpose of the bill, I would say that
the New Law by Impartial Critic.
we should take at least more than two or three fullest protection. It would seem to be a most
weeks to study the subject before any further leg- precarious condition of affairs to say that the
(Special to The Review.)
islation is had affecting corporate life. The peo- greater majority of trade-marks In this country
Chicago, 111., Feb. 16, 1910.
ple who are the least governed are usually the are open to technical criticism—many of them
An article on the new corporation tax by Col. best governed, and it might be well for our Na- quite unprotectable. From a legal standpoint it
E. S. Conway, of the W. W. Kimball Co., ap- tional Congress to leave a few things for our does seem most reckless the way advertisers dis-
regard, for instance, the lawful notation of regis-
peared in the Chicago Examiner of Feb. 12. His States to look after."
tration of each trade-mark (the exact wording of
discussion of a matter which is uppermost in the
which is laid down by law) and other qualifica-
minds of officers and stockholders of corporate
tions.
concerns in all lines throughout the country is so WERLE1N FOR MERCHANT MARINE.
searchingly analytical, and his treatment is so Weil-Known Piano Dealer as President of New
But there is another significant side to the mat-
Orleans Progressive Union Opens First Con-
eminently fair, that no excuse need be offered for
ter. Trade-mark protection does not rest upon
vention in the South.
presenting the article in its entirety. Col. Con-
perfect technical adaptability and registration
way said:
alone—the courts are very ably protecting adver-
(Special to The Review.)
tisers upon the broad ground of unfair competi-
"The chief criticism of the attitude of the Gov-
New Orleans, La., Feb. 14, 1910.
tion. They are passing judgment upon the actual
ernment toward corporations, as shown by the
The first merchant marine convention to be
new corporation tax measure, in my opinion, lies held in the South was opened this morning at commercial value which has been poured into a
in the fact that the Govunment does not seem to the Progressive Union with a speech by Philip trade-mark, through advertising and trade meth-
differentiate between ri'ivate corporations and Werlein, the well-known piano dealer and former ods. They are not disposed to let business be un-
dermined by infringers who are obviously seek-
trust companies.
president of the National Piano Dealers' Associa-
"TVe have iT>r>roximately 400,000 corporations tion, in his capacity as president of the union. ing, not to merely copy a mark, but to prey upon
in the UnitPfl States, and it is safe to say that Mr. Werlein made a strong address upon the im- a reputation secured by years of hard, broad work
more than 90 per cent, of them are, in the broad- portance of the merchant marine in the develop- in advertising.
est sense, private corporations and in most in- ment of the South and declared it to be a great
Frequently, even when a perfectly protectable
stances these corporations were so formed in or- patriotic question regardless of party politics.
trade-mark is imitated so that it just escapes in-
J.er to make it possible to recognize faithful em-
fringement (as in the Victor Talking Machine
ployes by giving each of them a small interest in
BRAMBACH CO. MATTER SETTLED. case) a judgment is still granted in favor of
the business through the issuing of stock, none of
the advertiser on the ground of unfair competi-
which is offered for sale either through the press At Meeting Held Last Week Heavy Claim Is tion. I t looks very much, therefore, as if the
Withdrawn
and
Dividend
Is
Declared.
or the stock exchange, and, as far as the public
building of reputation and value for a trade-mark,
is concerned, are as harmless as a co-partnership
(Special to The Review.)
even if open to technical criticism as a mark, Is
or an individual in handling the business.
Utica, N. Y., Feb. 14, 1910.
a far better way of spending money and getting
The litigation in the matter of the bankruptcy results than wasting energy and attention upon
"I believe that corporate existence should be
encouraged rather than penalized.
There is of the Brambach Piano Co., of this city, was prac- would-be imitators.
nothing more sordid or selfish than a co partner- tically ended at a hearing before Referee in Bank-
ship or private individual conducting a business, ruptcy F. J. De LaFleur last week.
The claim of $75,000 against the estate by the J. J. WINTER TO TAKE ON NEW LINES.
because in such cases their employes, no matter
how faithful or how anxious they might be to be- J. C. Livingston Co. was withdrawn. The claim
come personally interested in the business, are was that the officers of the Brambach Co. had mis- Also to Arrange Second Floor as Separate
Parlors for Different Pianos.
barred from doing so, and if they have any represented conditions leading to the conveyance
money to invest they find it necessary to go into of the property, plant in Niagara street, and ma-
the open market. Large corporations that were chinery of the Livingston Co. to the Brambach
The John J. Winter store in Fort Worth,
formed for the purpose of restraining trade, and concern, property worth $65,000. The use of the Texas, which, since being established last sum-
for undue gain and advantage, and which offer plant and machinery was declared worth $10,000, mer, had handled Krakauer and Milton pianos
their stock to the public through advertisements bringing the total claim to $75,000.
with considerable success, will add several new
and the stock exchange, should be held under
Several other claims were allowed and a divi- lines of pianos in the near future, after fitting
rigid restraint, but to impose an undue and un- dend of 33 1-3 per cent, was declared. The ref- up the second floor of the building as separate
necessary burden on all for the purpose of reach- eree will now close the matter and will probably parlors for the various lines. The parlors will
ing a few is, to my mind, a great injustice.
fix another dividend.
be handsomely decorated and furnished.
Income Tax Assailed.
"My objection to the income tax on corpora
Just Say Send The Udell
tions is based, not.on its publicity feature, but on
the ground that it is a violent type of class legis-
Cabinet Catalog No. 30
lation, making one set of men, who have secured
from their State a charter to do business as a
corporation, contribute to the support of the Gov-
ernment, while a co-partnership—competition in
the same line of business, with equal advantages
You are taking no chances when you send
in law and in the trade that the corporation has—
us an order for Cabinets. This Cabinet build-
is immune from the income tax.
ing proposition is our long suit.
We make
"It is needless to say that the large trusts that
them from the 1st day of January to the 31st
have and are now exercising the power of making
day of December.
prices will readily consent to the payment of the
No wonder we make such good ones, and
corporation income tax because they can charge
making them in the quantities we do and spe-
it right back to the public, and collect it, by in-
cializing on Cabinets of course our prices can-
creasing their prices. But the 90 per cent, or
not, be equaled.
more of the small corporations that were formed
No matter how you feel about it the pros-
for convenience and for the purpose of giving
pective buyer of a Cabinet for
their own employes an interest in their business,
SHEET MUSIC
and which have no advantage over an ordinary
copartnership, will be forced to suffer the loss.
PIANO PLAYER ROLLS
Favors pirect Taxation.
DISC RECORDS or
"I am, therefore, opposed to the income tax on
CYLINDER RECORDS
corporations in its entirety, because it is an un-
that has a fine Piano, Piano Player or Talk-
fair and unjust law, and should never have been
ing Machine wants a CABINET that will be
enacted. I am not, however, opposed to direct tax-
a credit to the Music Room or Library.
ation. We have lived under a system of indirect
No. 648, CABINET FOR SHEET MUSIC
taxation so long that most people imagine they
Write
Height, 40 inches. Width, 23 inches.
are not contributing anything to the support of
Depth, inside, 15 1 .! inches.
the Government, and it is possible that the time
Average weight, crated, 105 pounds.
has arrived when such a tax should be imposed,
but if so let it apply universally, thus making
INDIANAPOLIS, INDIANA
Mahogany, Price $15.50
large co-partnerships, as well as small corpora-
HOW CORPORATION TAX LAW HURTS.
Just One
of Fifty Cabinets
for Sheet Music
The UDELL WORKS