Presto

August 22, 1925.
UNAUTHORIZED USE
OF TRADE NAMES
How Evil Which Once Troubled the Piano
Industry Is Handled by Special Court in
New York Under Complaint of Ameri-
can Fair Trade League.
COMMERCIAL FRAUD TRIALS
Report Is Made That Ninety-eight Per Cent of Prose-
cutions for Trademark Abuse Result in
Convictions.
No one who knows anything about pianos and the
piano trade has ever questioned the value of a well-
established trade name—a name which has become
associated with the piano and therefore is a part of
the nomenclature of music. But the day of fiercely
fought battles over piano name rights has passed.
There was a time when the courts were never free
from litigation centering in some familiar piano name.
Such cases as Chickering vs. Chickering Bros., A. B.
Chase Co. vs. Chase Piano Co , Decker Bros. vs.
Decker & Barnes, Decker vs. Decker Bros. Co.—a
lot of others equally celebrated in their day—and all
presenting no hint of dishonor, but rather a sincere
claim which possessed somewhere the basis of litiga-
tion.
Such cases are now very rare in the piano indus-
try. But they are still common enough in other lines
of business. And because of the so-called "stencil"
in the piano trade, they are liable to come to the
front at any time. For it remains true that even
today there are piano names, of the utmost value and
distinction, which have been—and doubtless are still
being—employed by unscrupulous dealers upon com-
mercial instruments.
All this makes the activities of the organization
known as the "Fair Trade League," with headquar-
ters in New York, of interest to the piano industry
and trade. And in New York City there is a special
court designed to iron out the wrinkles which may
be due to the abuse of established trade names and
trade marks.
98 Per Cent of Convictions.
Trademark piracy in New York is not the popular
pursuit it used to be before the institution of the
Commercial Frauds Court. One of the reasons was
revealed recently when Magistrate George W. Simp-
son reported that his court had a record of ninety-
eight per cent of convictions.
Magistrate Simpson said he believed in the gospel
of a second chance and was ready to give defendants
the benefit of every reasonable doubt, and that for
this reason he had permitted the withdrawal of many
prosecutions where the defendants, although plainly
guilty, promised to sin no more. "The District At-
torney and the American Fair Trade League are
prosecuting, not persecuting," was the phrase he used.
Praises the League.
The Court's remarks were called forth by a case
in which a local manufacturer was charged by the
league with fraudulent use of a well-known trade-
mark name. The defendant admitted his guilt, plead-
ing extenuating circumstances, and upon his promise
not to repeat the offense the complaint was with-
drawn. Magistrate Simpson said:
"The people are prosecuting for a violation of Sec-
tion 2354 of the penal law. The prosecution has been
instituted and aided by a public-spirited organization
known as the American Fair Trade League, which
has in the past done yeoman service in this court in
the prosecution of those who are defrauding the pub-
lic by misbranding, falsely making or counterfeiting
trademarks and in other ways violating the law." He
added that there was a confession that a valuable
trademark had been used and that the defendant had
no right so to do. "I have the assurance of defend-
ant's counsel upon the record that he realizes his mis-
take, and that there will be no recurrence of this
violation.''
"The District Attorney and the American Fair
Trade League are prosecuting, not persecuting, but
the merchants of this community who offend against
the law might as well understand that these prosecu-
tions are in the public interest and will be followed to
the limit both in this court and in the Court of Special
Sessions.
Believes in "Second Chance."
"We have a record here of 98 per cent of convic-
tions in this court since the court was established,
and I do not hesitate to say that it is because the
facts are thoroughly investigated by such organiza-
tions as the American Fair Trade League and by the
PRESTO
District Attorney's office, and ably prosecuted, and
it ought to be notice to the men in this community
who are violating the law that they cannot do it
and get away with it.
"On the other hand, if in good faith and through
mistake a man has offended for the first time and
openly confesses his error and promises that there
will be no recurrence, and if there is no objection, I
believe in the gospel of a second chance for the de-
fendant if those are the facts and the people have no
objection to the prosecution being withdrawn and the
American Fair Trade League, at whose instance the
prosecution was instituted in the interest of the gen-
eral public, has no objection."
the public demand for merchandise seems to be al-
most limitless.
"National finances are sound, and the farmers of
the country within the next few months will market
the most profitable year's production since the war
year."
The Interstate Merchants' council was organized
in 1921 by the domestic and foreign commerce com-
mittee of the Chicago Association of Commerce. It
now has a membership of 2,600.
CHAS. STANLEY AT HOME.
REGARDING THE COOPER
PATENT NUMBER 967330
Charles Stanley, the American piano expert, who
has been in Paris for nearly a year, reorganizing the
famous French industry of Gaveau, arrived in New
York last week. Mr. Stanley will return to his home
in Grand Haven, Michigan, and is under engagement
to return to Paris again for a short stay some time
next year.
More About the Valuable Improvement in
Player-Grands Which Is Controlled By
the United Piano Corporation.
The formal opening of the Kaufman Music House,
in the new quarters, northwest corner Harrison and
Vermillion streets, Danville, 111., was held on Satur-
day last.
Washington, D. C, August 10, 1925.
Editor Presto: In connection with Patent No.
967,330, owned by the United Piano Corporation of
Norwalk, Ohio, we are enclosing a leaf explaining
the infringing construction concisely.
Yours very truly,
CHANDLEE & CHANDLEE.
[The item enclosed follows.—Editor Presto.] : The
Cooper Patent No. 967,330 gives The United Piano
Corporation of Norwalk, Ohio, the exclusive right to
make use of and sell Grand Pianos of the Player
Type in which the player action is placed below the
key-bed and has actuating connections therefrom
to the piano action; with a bellows mechanism (any
type) behind the player action; with a motor beneath
the key-bed and in front of the player action, and
with a tracker box supported from a point beneath
the key-bed and at one side of the motor, the motor
referred to being that which is used for operating
the perforated roll.
ALERT AGENCIES TO
SAFEGUARD YOUR CREDITS
Keen Interest of Security Companies Which
Thrive By Guarding Your Selling Against
Possible Mistakes of Judgment.
If every piano manufacturer—every musical in-
strument manufacturer, of whatever kind—were as
alert in seeking security in his shipments as the
representatives of the surety companies are to gain
attention, business might not be so large, but losses
would be fewer. By way of illustration of what is
meant, the following, from a recent letter from a
surety company to a piano manufacturer, may serve
the purpose. And in this letter there are other ideas
than security which make the extract worth the
space it takes in Presto:
Can every man to whom you ship your products
borrow from his banker, cold, hard cash as easily
as he obtains its equivalent from you?
Study the question! Visualize your trade area!
What answer projects itself into the picture; It's
"No," isn't it?
As long as you extend credit you will be subject
to a hazardous element in business that can only be
eliminated by a policy of Credit Insurance.
Off-hand, you think of fire losses as being the
most hazardous, probably. Nearly everyone does.
Yet, over a period of 20 years bad debt losses result-
ing from business failures were greater than tire
losses during the same period.
Credit Insurance safeguards you against depletion
of profits, eliminates contingent losses, protects you
against faulty ratings, and enables you to better esti-
mate 1925 earnings.
RETAILERS TOLD THAT
BUSINESS WILL BE BRISK
Trade in Fall and Winter to Be Heavy, Says Presi-
dent Hale.
Several hundred retail men in different lines of
business, from twenty middle western states, attended
the convention of the Interstate Merchants' Council
at the Congress hotel last week. They devoted three
days to business plans, and to methods for develop-
ing the retail trade of the entire country.
The key-note of the meeting was that business is
good in all lines and all sections of the country, and
merchants may look forward confidently to fall and
winter seasons of continued prosperity. Among the
cheerful things said by President Hale, of the Coun-
cil, were these:
"Stocks are moving rapidly from the shelves and
Creates Musical
Interest —Then
S e l l s Pianos
Here is a plan that is right
in line with what music deal-
ers all over the country are
saying—"The best way to
sell pianos is to create musi-
cal interest."
The Miessner plan does this.
It is original, successful.
Quickly interests parents —•
gets them to act. Over
50,000 children enrolled.
Dealers who are pushing
this plan are selling more
pianos than ever before.
Get the facts now. We'll tell
you how to put this plan
into successful operation
right away and make big
sales of the Miessner Piano.
Mail the coupon today.
MIESSNER PIANO CO.,
126 Reed St. Milwaukee, Wis.
THE LITTLE PIANO WITH THE BIG TONE
MiesMKT I'iuno Co.,
120 Keed St., Milwaukee, Wis.
Gentlemen:
Send me full details on the Miessner Piano
and your plan for creating musical interest
and selling pianos.
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