Presto

MUSICAL
TIMES
PRESTO
Established
1884
Established
1881
THE AMERICAN MUSIC TRADE WEEKLY
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CHICAGO, SATURDAY, MARCH 5, 1927
END OF LONG=DRAWN
NAME LITIGATION
Supreme Court of District of Columbia De-
crees That Injunction Restraining Use of
"Howard" on Pianos by Others Than the
Baldwin Company Be Made Permanent.
CASE PENDING SINCE 1913
Suggestion That Music Industries Chamber of Com-
merce Form Board of Arbitration for Adjust-
ment of Misunderstandings of the Kind.
Word has been received from Washington of the
issuance on February 24, 1927, by the Supreme Court
of the District of Columbia, of a final decree making
permanent the temporary injunction issued by that
Court, on the sixteenth day of June, 1922, restraining
the Commissioner of Patents from cancelling the
trade-mark registrations 31,400 and 46,993 covering
the word "Howard" for pianos, etc., the property of
The Baldwin Company of Cincinnati. This final
decree marks the end of proceedings brought by the
R. S. Howard Co. of New York against The Baldwin
Company of Cincinnati, in the U. S. Patent Office in
1914, for the cancellation of the above mentioned
trade-marks, "Howard."
Settled by Arbitration.
It is authoritatively reported that, in connection
with the granting of the final decree in the Supreme
Court of the District of Columbia, the parties at
interest, to-wit: The Baldwin Company, the R. S.
Howard Company, and the Howard-Stowers Com-
pany (successors in business to the R. S. Howard
Co.), and certain individuals, officers of the respec-
tive companies, have entered into agreements provid-
ing among other things that the trade mark "How-
ard," without prefix or suffix, is the exclusive prop-
erty of The Baldwin Company of Cincinnati, and the
trade-marks "R. S. Howard Co." and "Howard-
Stowers Co." are the exclusive property of the R. S.
Howard Co. and its successors, Howard-Stowers Co.,
both of New York.
The long litigated Howard-Baldwin Piano Co. case,
which has' been before the U. S. Courts for 13 years,
has been settled out of court through arbitration and
to the entire satisfaction of all concerned.
Both Sides Right.
Never has a Court of Arbitration scored a greater
victory. Firm in the belief that they were right, both
The Baldwin Piano Co. and the R. S. Howard Co.
fought this case for many years at a very large cost.
Through the good offices of Ben H. Janssen a meet-
ing of the present officers of both companies was
arranged and in a short space of time a satisfactory
agreement was reached and signed and the case
closed. All this without legal assistance and in the
most friendly and amicable manner.
Here is an opportunity for the Musical Industries
Chamber of Commerce to form a Board of Arbitra-
tion, the same as exists today in other industries and
through this board, recognized by law in New York
state, adjust any misunderstandings that may develop
between members of the music industry. Think of
the time and money that could be saved and, fur-
thermore, the feeling of bitterness that would be
averted if any matter of dispute was decided by men
in the trade who would be recognized by both con-
tending parties as friends and who they know
would give a fair and just decision. If litigants
would get together and see each other before placing
in legal hands their matters of dispute, for a better
acquaintance and understanding, it is certain that
such litigation would be averted.
Peaceful Plans Best.
Arbitration is daily growing in favor and those in-
dustries that have approved it, notably the moving
picture industry, have found it a most practical and
inexpensive method of promptly settling disputes
that otherwise, like the Baldwin-R. S. Howard case,
would drag along in the courts for years. How can
a judge or jury satisfactorily and justly settle a com-
mercial dispute involving technical questions of engi-
neering, construction, accounting, quality, quantity
of merchandise, commercial and trade practices—de-
void as they must be of specialized knowledge on the
main points of issue, and as laymen most apt to be
confounded by court proceedings always more or less
intricate and especially so in the matter of technical
rules of evidence.
The trades will congratulate the Baldwin Piano Co.
and the Howard-Stowers Co. on the successful out-
come of an outstanding case in which "arbitration"
again proved its worth.
DEDICATION OF THE
NEW AEOLIAN BUILDING
Splendid Structure, Called Message of Good-
Will and Inspiration to Country, Won
Gold Medal for Beauty.
The new Aeolian Building. Fifth avenue and Fifty-
fourth street, New York, was dedicated last week
with notable ceremony.
Whitney Warren of Warren & Wetmore, archi-
tects of the building, presented the golden key of the
new building to Arthur J. W. Hilly, Assistant Cor-
poration Counsel, representing the city. Air. Hilly
returned it to F. L. Yotey, vice president of the
Aeolian Company.
"Our inspiration lay everywhere, difficult to fix,"
said Mr. Warren in presenting the key. "The Aeo-
lian Building contains all that modern musical de-
mands may require. With all that it represents, I am
empowered to offer this key to the people of the city
of New York. I now tender you, representative of
the people, a golden key to the Aeolian Building.
This edifice has risen out of the lives of millions of
people. In a real sense this building is dedicated
to them.
Colonel Michael Friedsam, president of B. Aliman
& Co., extended to the owners of the Aeolian Build-
ing the congratulation of the Fifth Avenue Associa-
tion, of which he is president. The Fifth Avenue
Association awarded to the Aeolian Company re-
cently its gold medal for the construction of the
most beautiful building in the Fifth avenue district
in 1926.
"This splendid building is a Fifth Avenue-New
York message of inspiration and good-will to the
country," said Colonel Friedsam. "Such beautiful
structures as this insure to our common country the
commerc : al leadership of the world."
The building, occupying a plot facing 50 feet on
Fifth avenue and 125 feet on Fifty-fourth street, is
designed with setbacks at the tenth, twelfth and four-
teenth floors, and has a penthouse tower surmounted
by a sloping roof terminated with a lantern finial.
Its formal musical inauguration will be held in a
few weeks. The old quarters at 29 West Forty-second
street will be vacated in April.
ACTIVE IN MUSIC WEEK.
James J. Black, of the Wiley B. Allen Co., San
Francisco, has been named chairman of the important
finance committee in the seventh annual celebration
of Mus : c Week in that city. Shirley Walker of Sher-
man, Clay & Co., is head of the committee on pro-
grams, and Charles Sommers Young has charge of
the piano contest.
A. G. GULBRANSEN ON TOUR.
A. G. GulLransen, president of the Gulbransen
Company, Chicago, left for New York February 22
for a four weeks' cruise to the West Indies in 'the
steamship Columbus. The points touched include
San Juan, St. Thomas, Fort de France, Bridgetown,
Brighton, Port of Spain, La Guayra, Wiiemstad,
Panama and the Canal, Jamaica, Havana and Nassau.
SCHILLERS IN CHICAGO SCHOOLS.
The Schiller Piano Company, through its Chicago
offices in the Republic Building, has received an
order for pianos for the Chicago public schools and
an installment of these instruments is expected to
be ready for delivery to the School Board in the
very near future.
INDIANAPOLIS TO HAVE
PIANO PLAYING CONTEST
Local Music Merchants' Association, Headed
by Harry Wert, Fully Organized, Are
Pushing for Still Greater Activties.
The annual election of officers of the Indianapolis
Music Merchants' Association took place on Monday
at the Columbia Club. Harry Wert, manager of the
Pearson Piano Company, was elected president; Ira
Williams of the Pettis Dry Goods Company and man-
ager of the phonograph section, first vice-president;
H. G. Hook, manager of the Starr Piano Company,
second vice-president; Albert Sering of the Carlin
Music Company was re-elected secretary, and Her-
bert Teague, treasurer. The executive committee
were elected as follows: William Christena of the
HAItRY WEKT.
Christena-Teague Piano Company, O. C. McRay of
the L. S. Ayers Company, and C. P. Herdman of
the Baldwin Company.
Harry Wert, the newly leected president, has in
mind a very progressive program and one of the
things he expects to accomplish during the coming
summer is the piano playing contest for Indianapolis.
Mr. Wert is very enthusiastic over the playing con-
test and every possible effort will be made to bring
it about. There has been some talk of making the
event statewide, but at present that project will not
be taken seriously. The newly elected president will
try Indianapolis first and if the feature proves suc-
cessful it will naturally become a statewide affair.
More attention will be given to the phonograph
and radio in the future, as most of the music houses
are now entering that field and, since it becomes part
of the music industry, Mr. Wert believes there should
be some attention given to these commodities; in fact,
they should have a part in the association, and con-
siderable time and attention will be given t'.iem. Mr.
Wert was very active during the organization of the
state association, and gave much time in perfecting
the affair.
O. K. HOUCK CO. REMODEL STORE.
The Nashville, Tenn., store of the O. K. Houck
Piano Co. is to be remodeled according to ambitious
plans. The work, to be supervised by C. E. Furner,
manager, will effect a rearrangement of the depart-
ment and enlargements for some of them. The piano
line includes the Steinway, Steck, Weber, Krakauer,
Ludwig, Vose & Sons, Miessner, Brambach, Behr
Bros., and the Duo-Art.
George E. Mickel, of the Mickel Music House,
Omaha, Neb., was recently named state commis-
sioner for Nebraska by President E. H. Uhl, of the
National Association of Music Merchants.
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