Presto

PRESTO
PROTECTS APOLLO
TRADE=MARK
Why the Apollo Piano Company Is Expending
Fifty Thousand Dollars to Forestall Piracy
All Over the World Is Told.
By FRANCIS H. WILLIAMS,
Vice President, The Guarantee Trade Mark Title
Company.
Everything that has been written regarding the
commonly accepted idea that the exclusive rights
in a trade mark are secure under the so-called "Com-
mon Law" in the United States as well as in fifty
or more foreign countries and that such owner will
be protected by the courts in such use against in-
fringement in their territory in which the trade has
been extended are of no value when the infringer
is able to show that he had duly registered your
trade mark in some state of the United States or in
these several foreign countries and that you had
neglected to do so.
Having that point in mind the directors of the
Apollo Piano Company have made an appropriation
approximating $50,000 to pay for the cost of register-
ing its several trade marks in every country in the
world. This means that the Apollo trade marks will
be the best protected trade mark of any concern in
the piano industry. This is indeed a valuable ad-
vantage and is done with a far seeing purpose of not
alone protecting the trade mark but from a stand-
point of aiming to prevent as far as possible this
well-known musical instrument being exploited by
the second hand piano dealers. •
Cites a Fact.
It is a well known fact that one can count on their
fingers the names of the best grades of pianos man-
ufactured in the United States. The Apollo is one
of these few pianos. The majority of the others
are continually being exploited in the used piano
columns advertisement of almost every newspaper
not alone in the United States but in the leading
cities of the world. In fact the name of one of the
leading pianos in the United States is seen more
often in the used piano column than elsewhere, and
this would not have been possible if the makers of
this piano had taken the precautions that the Apollo
Piano Company is taking today with its name.
It is a well known fact that the registration of
trade marks in the United States patent office under
the national law is based upon first adoption and use
in commerce, but it is not a generally known fact
that such registration adds nothing to the registrant's
title to the trade mark nor does it prevent the in-
fringement by others, nor does it prevent the use
by other dealers of the attempted use of the said
trade mark.
The Apollo Piano Company has gone further than
this and has secured a property right in its trade
mark and has done this at considerable expense and
is therefore today in a position to prevent this cold
blooded pirating in every state in the United States.
Recognizing a Fact.
The Apollo Piano Company has recognized the
fact that it would be useless to expend large sums
of money in advertising their products in foreign
markets without having first protected their trade
mark, and they came to the conclusion that the best
way to do the thing right was to register in every
country and have the work done with once and for
all and despite the fact that it would involve a large
sum of money at almost one outlay, it would prove
cheaper than paying the pirate later.
It recognized the well known fact that the pirate
is given his first opportunity through the advertis-
ing columns of his native newspapers; it did not
want to be caught napping as were some leading con-
cerns dealing in safety razors, roofing materials,
automobiles, typewriters, shoe polishes, dyes, small
arms, massage machines, scales and the like, all of
whom paid dearly for not alone using the adver-
tising mediums without having first registered their
trade marks, but by permitting agents in many in-
stances to do it for them to save the expenditure of
a few dollars.
The Apollo Piano Company is registering its trade
marks in its own name and they are not taking
any chances with any International Trade Mark
Conventions to save a few hundreds of dollars and
perhaps later have their fingers burnt if they ever
went to court. They realize that facts are stubborn
things when they reach the law suit stage and they
want protection under the laws of the several coun-
tries so that they know just where they will stand.
The Writer's Experience.
The writer a few years ago made a special inves-
tigation of the situation with reference to American
made pianos in the far and near East and the results
of fiis investigation may be of interest to any manu-
facturer since this market is one of the largest in
the world.
It is a well known fact that within the last few
years we have developed in the United States what
is known as the small grand piano. Such piano finds
itself ready for development to the extent of more
than 500,000 sales within the next year in the Near
and Far East if correctly advertised and properly
introduced.
The Reasons Why.
There are a hundred reasons why the upright
piano is not a good piano suitable to these markets,
and another number of reasons why any kind of an
upright no matter how small will find but little sales.
In the first place we cannot compete with the up-
rights of other countries and these latter countries
cannot produce the same fine instrument that we
can produce in the United States in this small baby
grand; this has been due to the fact that the small
grand is today a matter of specific specialization with
a large number of manufacturers, many of whom
buy their several different parts from the same con-
cern and assemble them. No one would try to com-
pete with a Japanese upright that would sell in
Japan at $150. We know that it is almost double
this amount for the cheapest upright made in the
United States. Yet two Japanese concerns are today
going after the South American business with these
uprights and doing more business in South Amer-
ica than any four American concerns on uprights
throughout this country.
Any American piano manufacturer who is willing
to expend $25,000 on a good art catalogue and the
proper distribution and follow up of same to pros-
pects in the far and near East can sell a large pro-
portion of those instruments ranging in price from
$3,000 to $5,000. But such an effort would be money
and time wasted unless the manufacturer's trade
marks were properly registered and protected in all
the territory covered.
A JOHN McTAMMANY
MEMORIAL FOR CANTON, 0 .
Niece of Dead Inventor to Take Part in Benefit Con-
cert for Project.
To honor the memory of a former Stark County,
Ohio, man, who is recognized throughout the musi-
cal world as one of the notable inventors, a move-
ment is now under way to provide a memorial for
the late John McTammany, who is buried in West-
lawn cemetery, near Canton.
Miss Ruth McTammany, of Akron, a niece of the
late inventor, and motion picture actress and op-
eratic star, probably will come to Canton in the near
future to give a benefit concert for the proposed
memorial, according to advices from Canton.
Miss McTammany is well-known in Canton. She
was the star in the motion picture, "Alma, Where
Do You Live?" which appeared in Canton several
years ago, and has been featured in other produc-
tions. She has sung in Canton and is to give a
concert at the Masonic Temple in Akron soon.
The Canton Chamber of Commerce has been re-
quested by the McTammany Memorial Association
of New York City to co-operate in the movement
for the McTammany memorial as Mr. McTammany
is a native of Uniontown. Officials said that the na-
ture of the co-operation was now under considera-
tion.
BIG BALTIMORE PLANS.
"We have other plans for the enlargement and
betterment of the trade association," said C. J. Rob-
erts, secretary of the Baltimore Music Dealers' As-
sociation, recently, "but the scheme to give state-
wide dimensions to the local association is one of
great attractiveness. Nearly all the interests of the
trade of Baltimore and the other cities and towns are
identical. So why should we not discuss them in
common. A problem in Baltimore has its counter-
part in even the smallest place. Anyway the fall
and winter program of the Baltimore Music Dealers'
Association promises to be most interesting.
December 25, 1920.
PIANOMEN TO FIGHT
PROPOSED TAX REVISION
Widespread Campaign to Oppose Discrimna-
tory Measure Inaugurated by Music In-
dustries Chamber of Commerce.
Active plans to fight proposed tax revision inimical
to the music industry have been completed by the
Music Industries Chamber of Commerce. Prelim-
inary work in this connection is now under way.
The support of the entire industry will be sought
for the purpose of arousing the entire country to
the discriminatory proposals already made to re-
lieve industry in general from taxes by imposing
additional burdens on a few industries already es-
pecially taxed. This work will be intensified in the
districts where a senator or member of the House
of Representatives has a residence. This work is
being started in the home districts of members of
the Ways and Means Committee of the House and
the Senate Finance Committee.
Representative members of the industry are be-
ing sent an urgent request to co-operate with the
Chamber in working locally. For the benefit of the
trade a concise statement has been prepared by the
Chamber showing the exact tax situation.
This is only the start of a nation-wide campaign
throughout all of which the co-operation of mem-
bers of the trade will be needed. In speaking of the
proposed campaign, President Aldcroftt of the Cham-
ber said:
"From now on individual members of the trade
will be requested to undertake certain important
work in their localities as a part of the bigger
work throughout the country. In the meantime
each member of the industry should take it upon
himself to spread the gospel of essentiality of music,
the unfairness of unjust discrimination, and the dis-
astrous effects which additional excise taxes would
have upon this industry. Upon the success of this
general work throughout the country will depend
the success of the work being undertaken at Wash-
ington, for officials at Washington reflect the opin-
ions of the country at large."
The Music Industries Chamber of Commerce will
strenuously oppose any proposal which places addi-
tional tax burdens on industries now subject to the
excise tax. It will maintain that this industry is not
properly subject to any excise tax, and above all
will strenuously oppose any attempt to increase the
present excise tax.
The Chamber holds that music is not a luxury
and should not be subject to excise taxes, even on
the incorrect "luxury" basis of excise taxation, for
music is an essential to home, religious and public
life. Music is an essential to the proper education
of the child. Music is thec heapest, healthiest and
most lasting form of entertainment. Music is be-
coming a vital part of industry, and is already being
used in many plants to improve the morale of work-
ers, increase their production, and generally improve
conditions in the plant and in the districts imme-
diately surrounding.
IN NEW INSURANCE COMPANY.
William S. Miller, vice-president of the Bush &
Gerts' Piano Co., Chicago, is named as one of the
incorporators of a new organization in the insurance
field, the Chicago Fire and Marine Insurance Com-
pany, now in process of formation. One hundred
thousand shares of stock are offered for sale at $25
per share. The authorized capital of the company
is $1,000,000, and the proposed net surplus is $1,125,-
000.
From an insurance standpoint the principal
factors in this new company are Harold M. O'Brien
and Frederick O'Brien of the O'Brien Insurance
Agency, Chicago, one of the strongest and best-
known firms of its kind in the country. This agency
has a large outside business and controls a number
of big lines throughout the United States.
FILES VOLUNTARY PETITION.
WINS "INDIFFERENT" PEOPLE.
The music store of the Linn & Scruggs Co., De-
catur, 111., which some weeks ago, provided "an
epoch making apportunity for buyers of fine
pianos," has been rewarded by many good piano
and player sales for the originality and liveliness of
the idea addressed to "the most indifferent people."
The Packard piano and playerpiano are handled by
the company.
Charles J. H. Diehl, proprietor of the Diehl Piano
Exchange of Milledgeville, 111., has filed a petition
of voluntary bankruptcy in the district court there.
The petition sets forth liabilities of $35,692.04 and
assets of $24,489.56. Mr. Diehl has branch stores at
Morrison and Polo, 111. J. I. Wilkins is a partner in
the business at Morrison. The stock in trade at the
various stores is listed as follows: Milledgeville,
$5,974.25; Polo, $3,610.90; Morrison, $924.40.
BACK FOR CHRISTMAS.
BUTTELL JOINS PACKARD FORCE.
A. W. Johnston, vice-president of the Standard
Pneumatic Action Co., New York, and A. B. Farm-
er, representing the same company left for the West
early last week. Chicago will probably be their
headquarters this week. It is expected they will re-
turn home before Christmas.
John J. Buttell, of Des Moines, Iowa, a well known
piano salesman, has joined the traveling forces of
the Packard Piano Company. H. M. Hulme, Pack-
ard traveler, will divide his territory with Mr. But-
tell, who will have Iowa, part of Missouri and other
sections of the near Southwest.
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