Classic Mode

Music Trade Review

Issue: 1912 Vol. 54 N. 23

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
TRADE-MARKS IN THE MUSIC TRADE INDUSTRY.
There Are Few Industries Where Trade-Marges Have as Great Significance as in the Music Trade
— T h e Standard Piano Known by Its Distinctive Name, Usually the Name of the Original
Maker, with Which the Reputation of the Manufactory Is Bound—Some Timely Comments
on This Subject by Waldon Fawcett, The Review's Washington Correspondent.
It would be difficult to name a trade field in the
entire industrial and commercial world where
t rede-marks have as great significance as in the
music trade. Not only is there no other field
where trade-marks mean more from consideration
of sentimental prestige or where they are of greater
benefit and value in the making of sales, but like-
wise is there no other sphere where the trade-mark
J. C. Carnes,
Chief Examiner of Trade-Marks for the United States Gov-
ernment writing an opinion in a trade-mark case.
is more universally used by practically all of the
foremost manufacturers.
Such has been the growth of the popularity of the
trade-mark as a means of identification and a
vehicle of salesmanship these past few years that
there is now no commercial field in which these
insignia and slogans of trade are not employed.
But, in many lines of trade, it is only a firm here
and there that has adopted a trade-mark. In the
musical instrument business, on the other hand,
practically every creative force in the field has a
trade-mark which, just in proportion to the extent
to which it is known to the public at large, 'is a
valuable asset of the business.
Value of the Piano Makers' Name-
Take the piano business, for example. Not only
is each standard make of instrument known not
only to its devotees, but to the entire world at large,
by its distinctive name—usually the name of the
original maker—but the very reputation of the
manufactory and its product 'is bound up in this
name. Because names are the badges of success
in the piano field, almost every manufactory has
adopted the name of its make of instrument as its
trade-mark. And a name, in even greater degree
than any other form of trade-mark, is at once a
weapon and a responsibility. It is ever present to
create prestige for the instrument that has made a
favorable impression upon an auditor, but on the
other hand the very presence of such an estab-
lished trade-mark implies a traditional merit in the
article to which it is attached. In other words the
appearance of a familiar trade-marked name on a
piano is, to those who are at all informed on the
subject, a virtual guarantee of quality.
That piano manufacturers fully appreciate the
value of an old or honored name as a weapon of
offense and defense in introducing their wares to
Examining Trade-Marks
i'or which registration is sought at the U. S. Patent Ottice.
the public is eloquently proven by the spirited legal
battles which have, from time to time, been fought
out in our courts with reference to the right to use
some well-known piano name upon which more
than one manufacturer had some claim. Such
cases usually arise only when a piano manufactur-
ing business has been sold by the founder or his
heirs, and the latter in due course decides to re-
enter the piano manufacturing field and wish to
make use of the name which is in one sense their
own. And just here, it may be noted, that whereas
the law states that any registered trade-mark may
b> sold or transferred, the statute makes the stipu-
lation that a trade-mark is assignable only in con-
nection with the good-will of the business in which
the mark is used. In other words no piano manu-
facturer can buy merely the trade-mark of a com-
petitor. He must buy the rival factory—take over
the entire business, in fact-—if he desires to secure
the privilege of marketing instruments under the
trade-mark originated by' another.
Whereas there are, ot course, more different
trade-marks in the piano and player-piano field
than in any other branch of the music trades, it
must not be supposed that the use of these "com-
mercial signatures," as they have been aptly nick-
named, is by any means confined to the piano
lines. Makers of almost all classes of musical in-
struments, from harmonicas to harps, make use
of trade-marks to greater or less extent, and out-
rivaling even the piano trade is the exploitation
Consulting References
In trademark cases at Uncle Sam's trade-mark bureau.
of trade-marks in the talking machine and phono-
graph trade.
Three of the Best Known Trade-Marks.
Indeed, it is not too much to say that three of
the best-known trade-marks in the entire world are
respectively "His Master's Voice,", owned by the
Victor Talking Machine Co.; the musical notes of
the Columbia Phonograph Co., and the familiar
portrait of the greatest inventor of the age used so
effectually and persistently in connection with the
Edison phonograph. The president of the National
Biscuit Co. stated some time since that he consid-
ered the trade-mark "Uneeda" worth at least $6,-
000,000. It is probable that a valuation of at least
twice that sum might be placed consistently on the
representation of the fox terrier that has introduced
the Victor to the world and which is introduced in
every Victor advertisement and on every Victor
product with a consistency and persistency worthy
of emulation by every manufacturer who desires to
get the full advertising value of a trade-mark.
In this age of advertising and of sales campaigns
based primarily upon quality, the importance of the
trade-mark as a factor in every market has in-
creased steadily and rapidly. Indeed, many of the
shrewdest and most progressive manufacturers in
all lines are now of the opinion that trade-marks
are far more valuable than patents. Perhaps the
best illustration of this is found in the piano field
itself, as distinguished from the player field. There
are no basic patents in piano manufacture, and such
patents as have not lapsed for the most part cover
minor features which have no important bearing
upon the popularity of the respective makes of in-
struments. But a trade-mark does not expire after
seventeen years as does a patent. Instead, it may,
by being renewed at intervals of twenty years, be
made perpetual, and it thus becomes, in a sense,
the very cornerstone of a firm's reputation—an
automatic letter of introduction that comes sub-
consciously to every new customer in the musical
field.
There Are Two Classes of Trade-Marks.
Trade-marks may be described as of two classes,
common-law trade-marks and registered trade-
marks, though, as a matter of fact, almost all the
Trade-Mark Applications.
The room in which the file is kept at the I'. S. Patent
Office.
well-known trade-marks in the musical field come
under both these designations. The common-law
trade-mark is a name, design, symbol or insignia
the right to which on the part of a firm or indi-
vidual has been established by long usage. If a
manufacturer of musical instruments has for years
bestowed his name or any specific mark or em-
blem upon the instruments of his manufacture
until this means of identification is firmly asso-
ciated in the public mind with that particular line
or product, he is considered to have established his
prior right to the use of that particular mark.
Should any unscrupulous competitor attempt to
make "capital" for his own products by appropriat-
ing the time-tried mark of his rival, the infringer
can be prosecuted on the ground of attempt at
fraud under the common law.
The registered trade-mark is, of course, no dif-
ferent from the common-law trade-mark, except
that it has been duly registered at the U. S. Patent
Office in Washington. It should require no ex-
tended argument to indicate the desirability of hav-
ing a trade-mark which has been sanctioned by
Uncle Sam and for which, in a sense, he stands
sponsor. The governmental registration often con-
stitutes the best of evidence as to original use or
prior right in a trade-mark claimed by two or
more interests. To date upward of one hundred
thousand trade-marks have been registered in this
country, and the number is growing at the rate of
hundreds a month. Incidentally, it may be noted
that almost all the well-known trade-marks in the
music trades are registered in foreign countries as
W. L. Symons,
Assistant Examiner of Trade-Marks, at the U. S. Patent
Office analyzing a trade-mark with reference as to its
eligibility for registration.
well as in the United States—for almost all na-
tions have a system of registration similar to that
of our own government. Until some half a dozen
years ago a trade-mark coul.d not be registered at
Washington unless it was being used in commerce
(Continued on page 8.)
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
trade-mark his own name or that of his firm if he
TRADE NEWS FROM DETROIT.
can devise some distinctive method of displaying
it, as above outlined. Or he may get around the
Detroit Piano Bench Co. Makes Its Appear-
with foreign countries, but under the present law prohibition by adopting his autograph signature as
ance—Starr Piano Co. Carrying on Success-
it is only necessary that a trade-mark be used in a trade-mark. Autograph signatures are always ac-
ful Music Roll Campaign—Large Arrivals of
commerce between the different States in order to cepted without question at the Patent Office. Coined
Chickering and McPhail Pianos This Week.
be eligible for registration if it conforms to other words are also looked upon with favor by the gov-
requirements.
ernment officials, provided they are not descriptive
(Special to The Review.)
With reference to registered trade-marks the or deceptive. Thus such words as Victrola, Graf-
Detroit, Mich., June 3, 1912.
firms in the music trades are, in one respect, in a onola and Amberola would doubtless be accounted
A
new
institution
which will have much to do
more advantageous position than the general run
ideal trade-marks if the respective manufacturers
with
the
piano
trade
has been organized here. It
of manufacturing houses in any other line. And cared to register them. However, it is the custom
is
the
Detroit
Piano
Bench
Co. It will manufac-
it all comes about from the fact that most of our in the music trades for a house to put out all its
music instrument manufactories, especially piano products under one common trade-mark. This is ture piano benches exclusively. H. D. Fitzgerald
manufactories, are long established. If it wasn't not so in certain other lines. For instance, the is president and general manager, and I. S. Yarrow
for this long tenure many of the leaders in the ' National Biscuit Co. has a different trade-mark is secretary and treasurer.
LeonardDavis spent most of this week in Cleve-
musical field could not have the benefit of regis- name for every different kind of cracker it bakes.
tered trade-marks, but would have to rely solely Can't Trade-Mark Name of Living Celebrity. land on a business mission. While there he was
the guest of Roy T. Davis, his brother, formerly
upon common-law trade-marks. Let us explain.
It may be of interest to some persons in the of the Melville Clark sales staff here.
Trade-Marks and the Law.
music trades that Uncle Sam will not register the
Manager Hannon, of the Detroit branch of the
> Under the present law a trade-mark cannot con- name of any living celebrity as a trade-mark with-
Starr Piano Co., reports success beyond his ex-
sist merely of the name of an individual, firm, cor- out his consent. Thus if a piano manufacturer
pectations in his campaign for music roll business.
poration or association, unless it be written, printed
wished to name a type of instrument for Pader- Scores of applications are made weekly for the
or impressed in some particular or distinctive man- ewski he could not secure registration of the name
free distribution rolls advertised, and many letters
ner. And this latter does not mean that the name
unless he had the written consent of the eminent
come from up-State asking for them, even from
may be merely printed in script or Roman letters artist. On the other hand, the name of Mozart
the upper peninsula and Canada. Some of the
or some fanciful type. It must be displayed in so or any other dead celebrity may be registered—
Starr agents in smaller cities of the State also are
unique a manner that any person seeing it would just as we have an Apollo player.
making a large distribution. The object of this
be impressed with the peculiar execution and ar-
One of the requirements of the U. S. Patent
distribution was to get the names of all owners of
rangement of the lettering rather than with the
Office is that an applicant for trade-mark registra- player-pianos in the State, no matter what the name
name that is presented. This is a pretty broad
tion must submit five specimens showing the mode of their instruments. To all of them the regular
and sweeping prohibition, and I think I hear many
of applying or affixing the trade-mark to the goods.
monthly bulletin of the Starr Piano Co.'s new rolls
readers inquiring how it is in the face of such a
If this were interpreted literally it might involve •is mailed. The resulting sales make the scheme a
ban that Steinway and Chickering and Knabe and
musical instrument manufacturers in no end of hundred times winner. The June supplement, re-
all the other well-known trade-mark names of the
bother, for it would, of course, not only be ex-
ceived this week, contains some very pleasing popu-
piano field "got by."
pensive to a prohibitive degree to ship pianos to lar numbers as well as good classics.
It was simply due, as above intimated, to their Washington for inspection, but it would entail some
Big orders of Chickerings and McPhail pianos
ancient origin. A newcomer in the piano manu- inconvenience to even forward five duplicate in-
are due here this week for the opening of the new
facturing industry to-day could not trade-mark his strument parts bearing the trade-mark. However,
Farrand store, which is planned for Saturday,
own name, but there was a loophole provided in the officials at the Patent Office interpret this stipu-
June 8.
the law for the benefit of the pioneers in the in- lation very liberally and they not only permit but
The Udell works have been notified to have a
dustry. It was stipulated in the latest trade-mark
even urge manufacturers not to send cumbersome big consignment of music roll cabinets and phono-
law that registration should be granted without
specimens to the Trade-Mark Division, but to graph record cabinets on hand by that date.
question to any trade-mark which had been in merely file instead photographs of the instrument
actual and exclusive use by an applicant (or his
(or that part of the instrument) bearing the trade-
L. D. Houghton, a talking machine dealer of San
predecessors from whom he derived title) for ten
mark.
Bernardino, Cal., has recently installed a line of
years preceding February 20, 1905. Thus the older
pianos and player-pianos.
houses in the music trades have been enabled to
BARS STREET MUSIC.
secure Uncle Sam's seal of approval for trade-
Bill Imposing $100 Fine for Playing Where
marks which would be barred were they originated
Anybody Is Seriously III.
during the present century.
TRADE-MARKS IN THE MUSIC TRADE.
(Continued from page 7.)
Autograph Signatures as Trade-Marks.
A musical instrument manufacturer whose busi-
ness is of too recent origin to enable him to take
advantage of this exemption, may yet register as a
BEALE&CO.,Ltd.
A N N A N D A L E , near Sydney
AUSTRALIA
PIANO MAKERS, largest piano factories in
the British Empire.
VENEER MANUFACTURERS from choice
Australian and other woods, for export.
IMPORTERS of Music and Musical Instru-
ments, and Talking Machines.
IMPORTERS of Interior Players for Pianos.
MAKERS of fine Cabinet work.
The only musical-instrument firm having
its own branches in every State of the
Commonwealth.
Particulars of anything connected with the
above lines, and of labor-saving methods and
machinery, always welcome. Give fullest de-
tails in your first letter, so as to save time.
For the guidance of intending suppliers, illus-
trations of our factories, with full description
of the work and method, may be inspected at
the office of our Agents upon presentation of
business card.
AGENTS IN U. S. A.:
ILSLEY-DOUBLEDAY & CO.
Front Street
NEW YORK
(Special to The Review.)
Washington, D. C, June 3, 1912.
"Did you ever have a street piano stop under
your window when you were ill and hear the
operator play in doleful time 'Nearer, My God, to
Thee,' or 'The Holy City?'" asked Representative
Bradley of New York to-day. "You did? Well,
that's why I introduced this bill of mine."
The Bradley bill makes it an offense, punish-
able 'by a fine of $100 in each case, for any person
to play a musical instrument or make other unnec-
essary noises in any neighborhood in the District
of Columbia where any person or persons may be
seriously ill. The bill requires that notice of such
illness shall be given to the proper authorities.
After that everyone must govern himself or her-
self accordingly.
SWINDLE MUSIC LOVERS.
Smooth Talker Secured Small Sums of Money
for Music Books and Piano Contracts and
Causes Trouble for Dealer.
WITH A GROWING
REPUTATION
(Special to The Review.)
Rock Island, 111., June 3, 1912.
A number of people in this city and vicinity, in-
cluding Gus A. Jencke, a local piano dealer, are
looking for a swindler who has been using the
name of the piano man to get amounts ranging
from 50 cents to $1.25 from trusting music lovers.
The plan was to secure 50 cents as part payment
for a musical magazine, the balance to be paid
monthly. With the receipt for the money there
was given two coupons, one good for a pattern and
the other for a piece of music at the Jencke store.
Some trusting ones were persuaded to paj $1.25
for a contract entitling them to any piano in the
Jencke store upon payment of $12.50 monthly.
The entire proposition was unauthorized by the
piano dealer and has resulted in much trouble.
Demand it. The only one that
meets all player requirements.
The best hammer for all pianos.
SUPERIOR
GERMAN FELT
Poughkeepsie, N. Y.
Chicago Office: Republic Bldg.

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