Music Trade Review

Issue: 1912 Vol. 55 N. 7

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
8
MU31C TRADE
REVIEW
OLDFIELD REPORTS PATENT REFORM BILL.
Places Revised Measure Before House—Bill Reduced in Scope but Makes Important Changes—
Summary of New Points—Enumeration of Illegal Acts—Change in Applioation of the Sher-
man Law—Rights and Protection Granted Patentees Defined.
(Special to The Review.)
Washington, D. C, Aug. 10, 1912.
Representative Oldfield, chairman of the House
Committee on Patents, has reported the revised
patent reform bill on which he and his committee
have been working for some time past. The Old-
field bill in its new form, as already referred to in
an extended analysis which appeared in The Re-
view, recently, while not nearly as inclusive as the
former measure which is now discarded, would
make some extensive changes in the patent law of
the United States. There is no chance of its be-
coming laws at this session of Congress and very
little of its passing even a single house.
The chief provisions of the bill are as follows:
1. I t places restrictions imposed by patentees selling their
rights upon the footing of common law contracts, their
validity to be tested on the same principles as other trade
contracts.
2. It provides that a patent shall not be used to restrain
trade and prohibits the use of a patent as a part of a com-
bination.
3. I t enumerates the acts in connection with business in
patented articles which are ordinarily harmless, but which
experience has shown to be dangerous when used to re-
strain trade.
• 4. I t provides for the temporary protection of those who
have become dependent upon illegal trusts for their bttsi-
. jipss existence.
- } 5. It seeks to accord redress in cases where violations of
the Sherman law have been judicially established.
The most elaborate work in the bill is devoted to the
enumeration of unlawful acts as above referred to. This
is found in Section 5, which may be summarized as follows:
'•••'. Clause (a) is designed to prevent any vendor engaged in
a combination in restraint of trade from pursuing the prac-
tise of fixing prices at which patented articles shall be sold.
Clause (b) is designed to prevent any vendor of a patented
article who is engaged in a combination in restraint of
trade from using his patent as the means of suppressing
competition in some other article to which his patent does
not "apply. I n other words, a patent is. so dangerous an
'instrument that its mere, use in such a combination should
be held conclusive evidence of the unreasonableness of the
restraint exercised. Clause (b) undertakes further to make
clear in the tight of our experiences certain specific ways by
which such a perverted use of the patent should not be
made, namely, the owner of a patent shall not make any
express agreement against a customer purchasing any article
from some other person; he shall not make his sale of the
patented article condtional upon the customer purchasing
other articles from him; he shall not prohibit the articles
sold from being used in connection with articles purchased
from some other person; he shall not indirectly accomplish
these restrictions upon the purchase of, other articles by any
discount or discrimination in price based upon whether or
not the customer purchases other articles from others.
Clause (c) undertakes specificially to prevent those com-
bining in restraint of trade from acquiring any other patent
with a view to preventing competition in the patented arti-
cle. This provision is designed to prevent the acquisition of
patents not for use, but for the purpose of "shelving" the
same, and thereby preventing competition.
Clause (d). Trusts owning an article necessary for the
trade of a dealer have frequently endeavored to compel its
exclusive use by ascertaining the probable amount of the
article which could possibly be used by the merchant and
by making the use of that amount a condition of receiving
the usual discount. This provision does not, of course, pre-
vent the fixing of lower rates for sales by wholesale. I t is
operative only when the fixing of a requisite quantity or
aggregate price to secure a discount is made for the pur-
pose of preventing competition a a d , by those engaged in
restraining trade.
Clause (e). This clause is designed to prevent .those com-
bining to restrain trade from suppressing competition by
discriminative use of their power enjoyed under the patent.
For instance, where a member of a combination in restraint
of trade controlling a patented article necessary in the pro-
duction of another article either refuses altogether to sup-
ply it to the competitor or consents to supply it only if
the competitor joins in a combination or pool..
Clause (f) deals with the converse case to that referred
to in (e), namely, discrimination in .favor of a particular
individual in order to suppress competition of others.
Clause (g) seeks to prohibit still another form of dis-
crimination against individuals or districts with a view to
restraining competition. It, of course, has no application
unless that be its purpose.
Clause (h) seeks to prevent that specific means of un-
fair competition so effectively practised by the Standard Oil
and Tobacco trusts of doing business through a concern
which purports to be independent of the trust—the so-called
fake independent.
Clause (i) is directed against the practise of temporary
cut-throat competition so persistently pursued by the Stand-
ard Oil and Tobacco trusts.
Clause (j.)This clause is designed to prevent the illegal
and immoral methods so frequently pursued by the Standard
Oil and Tobacco trusts of illegally securing secret infor-
mation as an instrument for preventing competition.
Clause (k). This is more specific, but designed to meet
cases of a character similiar to those referred to in the
discussion of clause (e).
Clause (1). Any combination to restrain trade pursued by
a vender of a patented article should be illegal if the com-
bination uses any unfair or oppressive method of com-
petition. •
Section 7 provides in substance that whenever in any
suit instituted by the Government final decree is rendered
to the effect that the defendant has entered into a combina-
tion in unreasonable restraint of trade, that finding shall be
conclusive as against the defendant in any proceeding
brought against him by any person or corporation. A person
injured by an illegal combination who brought such suit for
damages would under this section be relieved from the
necessity of proving the illegality of the defendant's acts.
In order to recover he should be obliged to prove merely
the amount of the loss which he had suffered by reason of
the defendant's acts—a comparatively simple matter.
Section 8 seeks to further facilitate the remedy to the
injured party by enabling them to establish their claim for
damages and secure other appropriate relief in the same
proceeding in which the Government files its final decree.
It is a less expensive course than to institute an indepen-
dent suit, and it may result in much swifter remedy by
reason of the fact that the petition would come before the
court which had already familiarized itself with the com-
plicated facts involved in the litigation.
Section 8 also removes the danger to the injured party
of losing his right to compensation through the lapse of
time; for it provides that the cause of action shall not be
barred if begun within three years after the final judgment
declaring the law to have been violated. In other words,
unless at the time of the passage of the proposed bill the
claim is already barred by the statute of limitations the
injured person may without the danger of losing his right,
await the action of the Government. He is, of course, ob
liged to exercise diligence after the Government has con-
cluded its contest.
Section 9 is designed to make the provisions of the Sher-
man law when applied to cases involving patents effective
so far as concerns the future; that is, to give the court
power (if it does not already possess it) to do those things
necessary effectively to restore competitive conditions.
N. L. McBrayer has opened a new piano store in
Oklahoma City, Okla.
The Vough with the changeable pitch is differ-
ent from any other piano on the market.
u
It is different because by a slight
pressure of the finger the instrument
may be changed from concert to in-
ternational pitch, thus making it
invaluable in theatres, concert halls,
public institutions where pianos are
essential, choirs, rehearsal halls, in
the home—in fact wherever a first
class piano is desired.
This patented changeable pitch
device of the Vough makes it inval-
uable to singers and professional
people generally. It is not an ex-
periment, but has been in use for
many long years, and to-day is used
in over three hundred theatres and
opera houses as well as hundreds of
other public places.
The Vough piano, apart from its
changeable pitch feature, is an in-
strument of the highest standing.
It is carefully built, contains a scale
that has won the highest encomiums
for its evenness and tone quality, is
an instrument that throughout is
regulated with artistic skill and the
casings are always attractive. In
brief, the Vough is "different" from
the usual run of pianos and if you
have the agency for this instrument
you have m&ny points decidedly in
your favor.
The VOUGH PIANO CO., Waterloo, N. Y.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE: MUSIC TRADE
GRINNELL EMPLOYES TO SHARE
In Connection with Incorporation of Business
—Old and Trusted Employes Become Inter-
ested—Formal Statement Issued Regarding
Change in Business Organization and Rea-
sons Which Led to Formation of Corporation
with Capital of $3,750,000.
(Special to The Review.)
Detroit, Mich., Aug. 13, 1912.
On Thursday, August 8, Grinnell Bros., whose
incorporation was announced in The Review last
week issued a formal statement to the trade and
to the public at large through the daily press of
Detroit, setting forth the reason for the change
in their business organization. It was as follows:
"That the business may be perpetuated,: and the
benefit of the vast amount of advertising done be
maintained and fully realized upon, the firm of
Grinnell Bros., prominent for more than thirty
years in the music business of Detroit and Mich-
igan, finds it advisable to make a change in form
of ownership, and this 'has been effected through
the incorporation of the business.
"Up to this time the business has b^en con^
ducted as a partnership, I. L. Grinnell and C. A.
Grinnell being the sole owners. Both members of
the firm have come to feel that they would like
to be relieved somewhat of the grinding details of
operating the business, which has grown to vast
proportions, and to do this have taken in a number
of their old and tried employes—the ones who have
done a great deal toward making the business
what it is. The board of directors is: I. L. Grin-
nell, president; C. A. Grinnell, vice-president; A
A. Grinnell, second vice-president; S. E. Clark,
secretary, and C. I. Nye, treasurer.
"The company will maintain the branch stores
and factories in Michigan and Canada with the
same men in charge who have been in charge for
years. As a matter of fact, there will be no par-
ticular change in the management of the business
anywhere along the line.
"The capitalization is $3,750,000, of which $2,-
000,000 is common stock and $1,7">0,000 is 7 per
cent, preferred stock, all of which through the
Michigan law is made non-assessable and non-tax
able. Nearly the whole of this stock will be taken
over by the directors and employes of the com-
pany, except a small amount of preferred stock,
which will be offered to the public, and, as no com-
pany in Michigan can be organized with more pre-
ferred stock authorized than two-thirds of the cash
value of the assets actually paid in, this preferred
stock will be a most excellent investment for any-
one desiring a steady income, as the dividends will
be paid four times a year.
"This corporation is organized on rather a unique
basis, in that there is no 'water,' so-called, capital-
ized at all, and if it were not for the fact that the
two original owners of the business will be still
the owners of a great majority of the stock, it
would have been necessary to arrive at some actual
valuation of the good-will, which means that the
business would have brought more in cash from
outsiders than it was taken over for by the new
company and paid for in stock. That I. L. ana
C. A. Grinnell take pay wholly in stock for their
interest in'the business would clearly establish it as
gilt edge'in character. The directors alone own
three-quarters of the entire issue, all of which
will be paid for in cash. None will be placed to
be paid for from the profits of the business, but
each share" disposed of will represent ftill amount
of cash paid in.

"Grinnell Bros, have for years been the largest
music house in Michigan, arid also one of the very
largest retail music organizations in the -world, and
to perpetuate such an organization was undoubtedly
the first duty of the owners of the' business.
"The same policies which have been instrumental
in the remarkable development of this great busi-
ness will be continued and improved wherever pos-
sible..
i "The music business when properly handled and
on a large scale shows "a reasonable profit on the
investment, and the handling of pianos must be
done on a large scale if the expense per piano is to
be brought low enough so the public are not over-
REVIEW
charged. Grinnell Bros.' business amounts to over
three million per annum and the new organization
has a very bright future."
C. A. Grinnell has left for a six weeks' tour of
the West. His wife and daughter accompany him.
CLOSING OF TUNERS' CONVENTION.
New Governing Body Chosen and Resolutions
Adopted—Annual Banquet a Success—Fac-
tories Visited—-Had Most Enjoyable Time.
(Special to The Review.)
Cincinnati, O., Aug. 12, 1912.
The third annual convention of the American
Guild of Piano Tuners, which has been in progress
in Cincinnati since Tuesday morning, came to a
successful conclusion, so far as its business is con-
cerned, Thursday noon, when it was adjourned
to meet next year at the call of the board of direc-
tors. Although the Chicago Commission of Com-
merce, through, its convention bureau, had formally
invited the Guild to hold its next convention in
Chicago, no definite action was taken in this mat-
New York, and the John Church Co., of this city.
The third annual dinner Wednesday night was a
great success and D. F. Summy, of the Cable Piano
Co., of this city, made the hit of the evening with
his speech. Other speakers were Chairman Mc-
Clellan, of Cincinnati; H. W. Willson, of the Amer-
ican Steel & Wire Co.; Chairman O'Harrow, of
Northwestern Ohio; William Braid White, as toast-
master, fulfilled his duties successfully.
Thursday night the delegates were entertained at
a Dutch lunch given by the Cincinnati branch, and
on Friday visited the Cincinnati factories.
CELEBRATES 36TH_ ANNIVERSARY.
L. S. Parsons, the piano and music dealer of
Waterloo, la., recently celebrated :the thirty-sixth
anniversary of the establishment of his business
which from a small foundation has grown to a
point where it occupies a large section of the
building erected by Mr. Parsons in 1902 at 818-820
Sycamore street. L. S. Parsons has associated
with him in the piano business hrs soil, H. O. Par-
sons, and handles the A. B. Chase, Vose, R. S.
Howard, Kurtzmann, Autopiano and other makes
of pianos and player-pianos. He sells about 400
pianos annually.
PATENTING A DESCRIPTIVE TERM.
Seated, President Emil Knoll, Standing, Right
to Left, First Vice-President E. H. Bacon,
Second Vice-President L. P. Reinhardt,
Secretary-Treasurer
Wm. Braid
White.
ter, the final decision being left in the hands of the
national executive officers.
Resolutions were adopted calling for closer co-
operation between the Guild and piano manufac-
turers, and the national executive officers were in-
structed to study the question of the relations now
existing between music teachers and piano tuners,
with special reference to some sort of co-operation
between the Guild and the National Association of
Music Teachers. It was also directed that an of-
ficial statement be presented for the press in general,
setting forth the economic and trade position of
the Guild, with a special reference to insistence
upon the organization not being a labor union in
any shape or form, but an association of master
craftsmen devoted to the highest interests of the
profession.
The old Executive Council was abolished and in
its stead the convention created a national board
of directors, consisting of a president, two vice-
presidents, a secretary and a treasurer. The nom-
inating committee presented a slate in which the
following names were put forward. For president,
Ernil Koll, of Cincinnati, vice-chairman of Cin-
cinnati branch; for first vice-president, E. H. Bacon,
chairman of Rochester branch; for second vice-
president,, L. F. Reinhardt, of Loganport, Ind., who
is a member of the Central Indiana branch; sec-
retary and treasurer, William Braid White, of.
Chicago, founder and general organizer of, the
Guild. The ticket was unanimously elected and the
new national officers formally inducted.
The national headquarters were settled at 532
Postal Telegraph Building, Chicago, where Secre-
tary-Treasurer White will be in charge.
During the afternoon session, a practical me-
chanical demonstration of piano playing mech-
anism was given by William Braid White to the
assembled delegates. Mr. White used a player piano
furnished by Butler Brps. Piano Mfg. Co. of this
cityT-"
' '
"""-•
$•••-•
.-
- -
Souvenirs -we*e-peseiited by th^^merican Steel
& Wire Go., the Standard Pneumatic Action Co., ot
How far may the owner of a commodity which
lie wishes to trade-mark monopolize a descriptive
term ? Not at all, say the courts, if the term de-
scribes the goods: "Brilliant" may be used as a
trade-mark for flour or shoes, but not for dia-
monds. Applied to a make of shoe, it might sug-
gest superiority; it would not describe a quality.
The Trade-Mark Bulletin quotes this opinion by
Federal Judge Wallace:
"If it [the trade-mark] is so aptly and logically
significant of some quality of the artitcle to which
it is sought to be applied, that its exclusive con-
cession to one person would tend to restrict others
from properly describing their own similar articles,
it cannot be subject to a monopoly. On the other
hand, if it is merely suggestive, or is figurative
only, it may be a good trade-mark, notwithstand-
ing it is also indirectly or remotely descriptive."
THEY
GO
TOGETHER
TRUE
PIANO
QUALITY
AND
THE
SCHMIDT
HAMMER
SUPERIOR
GERMAN
FELT
The hammer that is
always selected when
the
manufacturer
wants QUALITY—
not cheapness.
Poughkeepsie, N. Y.
Chicago Office: Republic Bldg

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