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THE MUSIC TRADE REVIEW
COURT UPHOLDS C. KURTZMANN & CO. IN NAME ACTION. NEW MUSIC CENTER FOR MILWAUKEE
Issues Injunction Against Frederick C. Kurtzmann to Prevent Him from Making or Selling
Pianos Bearing the Name of "Kurtzmann"—Features of the Decision.
(Special to The Review.)
BUFFALO, N. Y., April 6.—In the action brought
by C. Kurtzmann & Co. against Frederick C.
Kurtzmann, known also as Charles F. Kurtz-
mann, for an injunction restraining the defendant,
among other things, from manufacturing, selling,
offering for sale, or placing upon the market
pianos by or under the name of "Kurtzmann,"
Justice Bissell has just handed down a decision
giving the plaintiff the relief demanded in the com-
plaint. The suit was started because the defend-
ant sold, or offered for sale, pianos bearing the
name of 'Kurtzmann," and has advertised his
business under the style of "The Original Kurtz-
mann."
In 1848 Christian Kurtzmann began the manu-
facture and sale of pianos in Buffalo. The plain-
tiff, a corporation, organized in 1901, has suc-
ceeded to all the property, assets and good will,
including the trade name of "Kurtzmann" ac-
nuired from the executor of Christian Kurtz-
mann by the copartnership first existing under
the firm name of "C. Kurtzmann" and then of "C.
Kurtzmann & Co."
The defendant is a son of Christian Kurtz-
mann and learned the piano trade through asso-
ciation with his father. After his father's death
he was for a time a member of C. Kurtzmann,
from which he retired in 1887, executing an agree-
ment whereby he sold all his interests to the suc-
cessors of that firm and agreed that he would not
hinder or molest them in the carrying on of said
business, or in any way interfere with them. Since
tlien he has not been engaged in the manufacture
of pianos, but has been a dealer ir, pianos made
by others.
Justice Bissell finds that within the last few
years the defendant has been offering for sale
pianos made by a New York concern for him
"conspicuously marked upon the fall board with
the name, "Chas F. Kurtzmann," and that "more
recently he has undertaken an active campaign
throughout the country for the sale of pianos
bearing his name, and has advertised his business
under the style of 'The Original Kurtzmann.'"
'Hie court finds that the defendant has made state-
ments to the public calculated to mislead possible
purchasers of pianos into the belief that they were
getting original Kurtzmann pianos.
Justice Bissell discusses at length the right of a
man to use his own name, or his family name, in
his business, and quotes from the leading cases
on that point. He holds that the defendant has
no right to advertise his pianos as original Kurtz-
manns.
Rogers, Locke & Babcock appeared for the
plaintiff in the action and Shire & Jellinek for the
defendant.
STARR CO. IS INJIOOD LOCATION.
SCHROEDER PIANO CO. MOVES.
Detroit Branch on Broadway in Lively Business
Section Which Is Developing Rapidly—
Benjamin Hearnes Rejoins Starr Co. Staff.
Occupies Handsome New Five-Story Building
at 820-824 Liberty Avenue, Pittsburgh.
(Special to The Review.)
(Special to The Review.)
DETROIT, MICH., April 7.—The Detroit branch of
the Starr Piano Co. is now embellished with a b:g
and artistic electric sign, visible and readable the
entire length of Broadway, and from a considerable
distance on Woodward avenue above Grand Circus
Park. The wisdom of the Starr Co. in locat-
ing- on Broadway three year* ago, with a ten years
lease at a reasonable figure; is becoming more ap-
parent daily. The company figured that though
Broadway was not very busy at that time, it w_s
bound to become so because of its location. Tl is
foresight has been fully justified. Jn three years
a dozen big modern business buildings have been
erected in the vicinity and occupied by institnti n .
the character of which draws thousands of people
through Broadway where formerly only dozens
traveled. Broadway is beginning to look much
like Woodward avenue in a business way.
Benjamin Hearnes, who resigned from the Stan-
Piano Co.'s sales force about a year ago to estab-
lish a piano store of his own in Ypsilanti, with the
Baldwin line as his leaders, has sold out that busi-
ness and returned to the Starr store here.
NEW FACTORY FOR BOGART PIANO CO.
Company Leases Four-Story Building at 15-17
Canal Place to* Take Care of Demands of Its
Growing Business—To Move About May 1.
The Bogart Piano Co., now located at 281-283
East 137th street, New York, announces that the
company has leased the four-story building at
15-17 Canal place, near 138th street, and will move
its factory to the new location at an early date.
The change in quarters is due to the rapid and
continued expansion of the business of the Bogart
Piano Co., which has outgrown the present fac-
tory, and in the new location the company will
have practically 50 per cent, more floor space to
meet its requirements. If the present plans of the
company materialize the factory will be located at
the new address soon after May 1.
Several Piano Houses Expected to Locate in
New Twelve-Story Building for Milwaukee
Musical Society—Baldwin Co. Registers in
Wisconsin—John Gilhuly in Charge for
Cable-Nelson Piano Co.—News of Interest.
(Special to The Review.)
MILWAUKEE, WIS., April 7.—It is expected that
several piano houses will locate in the proposed
music hall and building, which will be erected at
West Water street and Sycamore, by the Plankin-
ton Realty Co., co-operating with the Milwaukee
Musical Society. The Proposed structure will be
twelve stories high and will include a music hall,
capable of seating 2,500 people, and a stage
equipped to accommodate grand opera and vari-
ous musical productions. Music conservatories
and instructors will have their headquarters in the
building.
The Baldwin Co., of Cincinnati, O., has filed a
statement with the Secretary of State at Madison
to transact business in Wisconsin. The company
reports a capital stock of $274,800 and Wisconsin
interests of $6,000.
John Gilhuly, Chicago sales manager of the
Cable-Nelson Piano Co., is temporarily in charge
of the company's branch store at 304 Water street,
but it is understood that the company has a man-
ager in mind to succeed Austin Gibbons, recently
resigned. Miss Rose Schnell, capable young office
manager at the store, has also resigned.
G. A. Schultz has resigned as a member of the
sales force of Charles J. Orth and has joined the
staff of another local piano house. Arthur F.
Seidel, a nephew of Charles J. Orth, is now a
member of the Orth force.
Among the recent sales of Strich & Zeidler in-
struments made by Mr. Orth are the following: A
grand to Albert Schoenecker, secretary of the V.
Schoenecker Boot & Shoe Co.; upright to Miss
Gertrude McKee, superintendent of the Milwaukee
Infants' Home and Hospital; players to Walter
Herzer and to John Boemmersheim, an official of
the Jung Brewing Co. Mr. Orth reports an excel-
lent business.
PITTSBURGH, Pa., April 6.—The Schroeder Piano
Co. is now getting settled in its handsome new
five-story building at 820-822-824 Liberty avenue,
this city, and now lias one of the largest music
stores in the city. The building has a frontage of
60 feet and great depth. One of the features of
the new structure is the commodious recital hall
on the top floor and the space on the lower floors,
PLACES LARGE ORDER.
devoted to the salesrooms, is divided into numer-
ous soundproof parlors for the display and dem- J. B. Jamison, of the Jamison Piano Co.,
onstration of pianos and player-pianos. The com-
Lafayette, Ind., Order Haines Bros. Flexo-
pany handles Kurtzmann, Kroeger, McPhail and
tone Soloist—Foster-Armstrong Co. News.
other makes of pianos and players.
(Special to The Review.)
MISS OLGA KOHLER MARRIED.
Daughter of Charles Kohler Becomes Bride of
Nils Florman, Member of a Prominent Swed-
ish Family—Wedding a Quiet Affair.
ROCHESTER, N. Y., April 6.—J. B. Jamison Piano
Co., Lafayette, Ind., has placed a large order f >r
Haines Bros., Flexotone Soloist players. He is a
very enthusiastic Flexotone Soloist dealer and H
meeting with great success in the sale of them.
A. C. Kehr, treasurer of the Foster-Armstrong
Co., has been in New York City for a few clays
E. Fred Colber, Middle Western representative,
and C. J. Cunningham, Eastern representative of
the Foster-Armstrong Co., visited the factory dur
ing the past week.
The Foster-Armstrong Co. reports a greatly in-
creased business.
Miss Olga Veronica Kohler, the daughter of the
late Charles Kohler, and one of those to share in
the large fortune which lie made in the piano
manufacturing business, was married on Sunday
last to Nils Florman at St. Patrick's Cathedral,
this city. The wedding was very quiet, owing to
the comparatively recent death of the bride's
father, and she was attended only by her sisters,
the Misses Rita and Vera Kohler. Mr. and Mrs. ORDINANCE TO CURB AUCTION EVIL.
Florman will sail, in a week or so, for Stockholm,
(Special to The Review.)
to visit Mr. Florman's father. Among the few
MN.WAUKEE, WIS., April 7.—Milwaukee piano
guests were Richard W. Lawrence, president of
men are well pleased with the success of the Mer-
the Autopiano Co., and George W. Gittins, presi- chants and Manufacturers' Association in having
dent of Kohler & Campbell.
the Common Council pass an ordinance aiming to
curtail the auction sales evil. The ordinance pro-
C. W. WRIGHT CO. INCORPORATED. hibits the auction sales people from keeping their
The C. W. Wright Co., Jersey, N. J., lias been
stores open from 6 p. m. to 8 a. m., and it is be-
incorporated with capital stock of $100,000, for
lieved that the measure will be effective. An
the purpose of dealing in pianos, musical instru- annual license fee of $200 is provided, in addi-
ments, etc. The incorporators are W. C. Winne, tion to the annual State license fee of $75.
E. Claxton and J. A. Blair.
The Heine Piano Co., of San Francisco, Cal.,
The F. O. Evans Piano Co., Kansas City, Mo., has closed its branch store in Los Angeles, and
announces that it is going out of business.
has shipped the stock back to headquarters.
WINTER & CO.
220 SOUTHERN BOULEVARD, N E W YORK
Manufacturers of
Superior Pianos
and Player Pianos