Music Trade Review

Issue: 1912 Vol. 54 N. 2

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
EDWARD LYMAN BILL - Editor and Proprietor
J. B. SPILLANE, Managing Editor
Executive and Reportorlal Stall:
GLAD. HENbEltsoN, EUGENE C. MAYER, H. E. JAMASON, B. BRITTAIN WILSON, W. H. DYKES,
A. J. NICKLIN,
AUGUST J. TIMPE,
W M . B. WHITE,
L. E. BOWEFS.
CHICAGO OFFICE:
E. P. VAN HARLINGEN, 37 South Wabash Ave.
Telephone,
Central 414.
Telephone, Main 6950.
Room 806.
PHILADELPHIA:
MINNEAPOLIS and ST. PAUL:
ST. LOUIS:
BOSTON OFFICE:
JOHW H. WILSON, 824 Washington St.
ADOLF EDSTEN.
SAN FRANCISCO:
:
CLYDE JENNINGS
S. H. GRAY, 88 First Street.
CINCINNATI, O.: JACOB W. WALTERS.
BALTIMORE, MD.: A. ROBERT FRENCH.
«
LONDON. ENGLAND: 1 Gresham. Buildings, Basinghall St., E. C.
Published Every Saturday at 1 Madison Avenue, New York
Entered at the New York Post Office as Second Class Matter.
SUBSCRIPTION, (including postage), United States and Mexico, $2.00 per year; Can-
ada. $3.50; all other countries, $4.00.
ADVERTISEMENTS, $2.50 per inch, single column, per insertion.
On quarterly or
yearly contracts a special discount is allowed. Advertising Pages, $75.00.
REMITTANCES*
in other than currency forms, should be made payable to Edward
Lyman Bill.
Music Section
An important feature of this publication is a complete sec-
tion devoted to the interests of music publishers and dealers.
I* P i 51 lift 21 Illi
Departments conducted by an expert wherein all ques-
l -t lallU allU
tions of a technical nature relating to the tuning, reg-
[)PltJtrfmPIlfc
ulating and repairing of pianos and player-pianos art
JfC|»«ll IHICllia. dealt with, will be found in another section of this
paper. We also publish a number of reliable technical works, information concerning
which will be cheerfully given upon request.
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, 1906
LONG DISTANCE TELEPHONES-NUMBERS 4677 and 4678 GRAMERCY
Connecting all Departments.
Cable address •• "Elbill, New York."
NEW YORK, JANUARY 13, 1912.
EDITORIAL
T
T the meeting of the Advertising Men's League held in New
York last week Lewis H. Clement discussed the subject of
fraudulent piano advertising in a very exhaustive way in which
he suggested the passage of a Federal law, and the discussion
that followed emphasized the fact that the agitation which
was inaugurated by this paper many years ago, and which was
supported by Mr. Clement and other progressive members of
the Piano Merchants' Association, had now 7 been launched into a
larger sphere. This movement is no longer confined to any one
industry, but has become a topic of national interest and of national
concern.
Whether or not a bill of a Federal character is ever passed, it is
evident that the members of the State legislatures are inclined to
approve of such a measure as will tend to protect the public against
misrepresentation in advertising. One or two Governors of States
have not been friendly to such reformatory bills, particularly in
Ohio and Wisconsin, but in time they will "see the error of their
ways." At present the United States is far behind England and Ger-
many in the passage of laws that prevent the use of false descrip-
tions or misstatements in advertising or other subterfuges tending
to* mislead the purchasing public. This will not long obtain, how-
ever, for there now exists a moral awakening in the business as in
the political world that is working for the common good.
A
REVIEW
R. W. KAUFFMAN.
REVIElW
HE subject of fraudulent and questionable advertising" which
has been discussed in all its phases in The Review for the
past ten years has again come into the limelight through the national
campaign now being waged by the Advertising Men's League,
which is making efforts to have State laws passed forbidding
misleading advertising as inimical to the best interests of honest
merchants in all lines of trade.
Judging from the suggestions—and they have been numerous
enough—it would seem as if the American people were to be
"legislated" into honest methods. This has led critics to claim that
this implies that the American mercantile classes are prone to de-
ception—to dishonesty.

This, however, is not correct.
It is true that attempts have been made to mislead the public
by means of so-called coupon or puzzle schemes—methods which
unquestionably have done much to damage the reputation of the
piano business as well as those engaged in the industry.
While this plan of publicity attracted the consideration of a
number of piano concerns which considered the profits and not the
results, yet the rank and file—in fact, the majority—have been
strongly opposed to it. Thanks to continuous editorials in The
Review and those who "saw the light," this opposition took the
form of a .formal resolution condemning this method of obtaining
business being proposed at the convention of the National Piano
Merchants' Association some four years ago, which, although killed
on initial introduction, was approved by a large majority of the
members at the convention of the association held in Chicago last
year.
S
OME gratifying facts bearing upon the increased wealth of the
great mass of people upon whom piano merchants depend for
sales are furnished in the report of the Banking- Department of the
State of New York, just issued, from which it appears that wage-
earners are piling millions into the savings banks. In the entire
State $67,288,976 was added to deposits during the year. More
than $45,000,000 of this vast sum w.ent into the savings banks of
Greater Xew York. In the entire metropolitan district wage-earners
added over $50,000,000 to their bank savings.
It has well been said that true prosperity exists only when the
wage-earners are able to save, because from their surplus they are
able to invest in pianos and other necessities, formerly considered
luxuries, which tend to add to their enjoyment in the home. These
figures published by the Banking Department give a reason for the
increased activity in the retail piano business during the closing
months of the year. So many people talk "hard times" that, poll-
parrot like, they "get the habit" and fail to recognize that funda-
mental conditions in the business world are sound and that a dis-
tinct betterment is in progress all along the line. Figures don't lie,
and the report of the Ranking Department tells a story of industry
on the part of the rank and file of our people that is both interest-
ing and encouraging.
HE piano manufacturer who on opening his mail finds five
or six unexpected demands for long-time note renewals,
or the road man who secures an order for a couple of carloads
of pianos and finds on his return to headquarters that it has'been
cancelled, have certainly some substantial grounds for feeling
"out of sorts," but there are many people who become
"grouchy," if they are not already so, without such cause—they
have the habit. The latter will be interested to know that a
philosopher in Paris has invented a "long-felt want" in this con-
nection. It is called the grouchometer. We all know that it
is characteristic of the French temperament to laugh at its own
shortcomings. In these days of nervous hurry and scurry few-
people have time to cultivate a calm and contented state of
mind. Everybody complains of bad luck; everybody has a
grievance; everybody grouches about something or other.
Hence the latest fad, which is really a philosophic novelty.
Have you had a disappointment? Has fate been unkind? Con-
sult your grouchometer. It is simply a little schedule of pos-
sible future misfortunes which one draws up beforehand. In
nine cases out of ten one finds that some mischance that actually
befalls one is not on the list. Why? Because it has not en-
tered into one's mental calculations, because no real importance
has been given to it in calm reflective moments. Therefore,
reasons French logic, why worry about it? If the misfortune
is on the list then there is still less reason for worry, because if
we expected it it shows that we had time to think things out
and the case finds us armed against its possibility.
T
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
N
MUSIC TRADE
O one can read the order of Judge Kohlsaat in the decree
handed down in Chicago, and published in The Review
of last week, without feeling that by it not only have Chickering
& Sons scored a legal victory in name protection, but that it is a
decision as well which must have a far-reaching effect upon the
future use of trade names in the piano industry.
It certainly clears up all of the underbrush of doubt regarding
name protection in this trade, and name protection in the piano
world is a very vital issue, for in no industry have family names a
greater value in relation to the business than in piano making.
That the name of Chickering possesses great value must be
conceded by all men who have even the most superficial knowledge
of conditions in the music trade industry. It has been before the
trade and public since 1823, and millions of people are acquainted
with its history in connection with the growth and development of
musical knowledge in this country.
The value of such a name is difficult to estimate in dollars and
cents, but all will agree that it is worth a great deal of money.
In other words, the hundreds of thousands which have been
spent in advertising that name for many decades means nothing else
than that the name possesses a great property value, difficult to
estimate, but undeniably vast.
It must also be considered that if another piano bearing the
same patronymic without explanatory words upon its fall-board
be put forth it, to a certain extent, by a confusion of names, dimin-
ishes the selling value of the original Chickering.
In other words, the public naturally associates the single name
of Chickering with the piano product, and if there be two pianos
bearing the name of Chickering in the field confusion must exist,
and the decree handed down by Judge Kohlsaat at once clears
away all doubt as to the legal interpretation of the original injunc-
tional order given to the firm of Chickering & Sons.
The judge says in interpreting the injunction, "that every
use of said name of 'Chickering' or 'Chickering l>ros." on the fall-
board or elsewhere on their piano, or in advertising, should and
shall in close proximity thereto be accompanied by equally promi-
nent words or other means which shall be sufficient to advise, and
advising, any intelligent person dealing with defendants or with
such persons handling defendants' pianos that the piano is not the
original and well-known'Chickering piano made by complainants."
The learned judge further says "that the use of the phrase,
'The only Chickerings making pianos,' and other phrases similar
thereto, is an evasion and a violation of clause 5 of the injunctional
order."
The court then gives sixty days for the defendants to make such
changes and apply such markings in and upon all pianos which
they have heretofore placed upon the market in violation of clause 3
of said injunction.
Then, thirty days from the date of order, the defendants shall
cause to be called in and cancelled all advertising matter which they
have at any time put forth in violation of the injunction as above
defined and interpreted by the court,
REVIEW
This decree, which constituted a great victory for Chickering
& Sons, was printed in full in The Review of last week, but it is of
such importance and has such far-reaching effect upon the entire
industry that the subject itself demands added comment.
This action, following close upon the decree of the court sitting
in Cincinnati regarding the use of the name Knabe, clarifies the air
very materially concerning the attitude of legal tribunals as to the
use of family names in a confusing manner.
Some may say that such decisions inflict a hardship upon the
men who are prevented from engaging in a business wherein they
cannot use their names without restrictions which would seem to
hamper their business advance.
At the first blush that may seem to be true; but we must con-
sider that family names reach a position where as trade-marks they
are worth vast sums, for much money and time has been expended
to build these names into great property assets, and is it not fair
that the men who have expended that money, or who by purchase
have acquired the name values, should be protected in an enjoy-
ment of the fullest privileges thereof?
Every man has a right to engage in business, but when the use
of his name has the tendency to confuse the public or to interfere
with the property rights of others, then it is right that there should
be restrictions in order that property interests may be safeguarded.
Pianos if put forth from different sources bearing the same
patronymic may be used to deceive the public, and the courts pro-
pose that the public shall be protected.
Proceeding further along this line, in last week's Review there
was a record of an action which was brought against the Heine
Piano Co., of San Francisco, by the attorneys representing the
American Piano Co.
The Heine Piano Co. was one of the first retail houses in the
country to put forth the Cincinnati product of Knabe P>ros. Co.,
and in its public announcements it warned the public that the Cin-
cinnati Knabe "is the only genuine instrument."
From a recent circular issued by Knabe Bros. Co. we lift the
following excerpts: "We are prepared to absolutely guarantee any
representatives of the Knabe Bros, piano immunity against any
attacks on the part of the American Piano Co., and if perchance
suit should be brought, which we doubt, will defray any and all
expenses."
The San Francisco proceedings embody deep interest for the
entire trade, because they show that the American Piano Co. pro-
poses not only to protect its own representatives in the various parts
of the country from any loss by name juggling, but it proposes to
strike directly at the dealers who exploit instruments in a manner
which is intended to mislead the public regarding the names owned
by the American Piano Co.
Name protection is indeed a matter of vital interest, and if there
be no protection afforded w T hat is the incentive to create valuable
properties out of family names?

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