Music Trade Review

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
those who control the judicial machinery
of our courts.
We have had in this trade a number of
legal battles over trade marks, and the de-
cisions rendered have invariably been in
TWENTY-FIRST YEAR.
accordance with the facts submitted.
J* jt EDWARD LYMAN BILL** J*
If the Steinway-Greve matter should
Editor and Proprietor
ever come up in the courts, to our minds
PUBLISHED EVERY SATURDAY
3 East 14th St., New York
there could be but one outcome of the legal
SUBSCRIPTION (including postage). United States, Mexico
proceedings.
and Canada, $2.00 per year ; all other countries, $4.00.
ADVERTISEMENTS, $2.00 per inch, single column, per
It is, however, not frequently that we
insertion. On quarterly or yearly contracts a special discount
is allowed. Advertising Pages $50.00, opposite reading matter
$75.00.
see a man seeking to enjoin his father
REMITTANCES, in other than currency form, should be
made payable to Edward Lyman Bill.
from using the name that he has given
Entered at the New York Post Office as Second C/ass Matter.
to the son, as it is usually supposed that
NEW YORK, AUGUST 18, 1900.
the parent possesses the full right to
TELEPHONE NUMBER, 1745--EIQHTEENTH STREET.
the name which he bequeaths. How-
T H E KEYNOTE.
The first week of each month The Review
ever, Charles B. Knox has secured an in-
oontains a supplement embodying the literary
junction restraining Messrs. Wells & Keck
and musical features which have heretofore
appeared in The Keynote. The amalgamation
who were alleged to have hired the name of
is effected without in any way trespassing on
our regular news service. The Review con-
Chas. M. Knox, the father of Chas. B. Knox,
tinues to remain, as before, essentially a trade
pa per.
for the purpose of manufacturing a gelatine
LEGAL PROTECTION FOR NAMES. to be called Knox's gelatine. In this way
|VJO sooner does a manufacturer create a they hoped to get a large part of the value
value for certain articles than there of advertising done at the expense and un-
are some always ready to pounce upon a der the direction of the well-known gelatine
similar name, and trade under the shadow manufacturer.
of the brand established by the original
Novel though the preceeding may be,
one in the field. There have been imitators, the injunction represents a wholesome and
or those who have sought to profit by the proper use of the powers of the courts and
work of others, in many of the prominently Chas. B. Knox deserves the thanks of the
advertised wares offere'd to the public to- whole business community for bringing
day. There are some who believe that a the matter to a decision under the forms of
man can always use his own name; but it existing law, notwithstanding the unpleas-
should be understood that out of certain antness of such litigation.
names are created valuable trademarks.
Like other manufacturers whose pre-
Hire's sarsaparilla was imitated by another serves are poached upon by those who are
man whose patronymic was also Hire. The desirous of securing something for noth-
courts would not permit him to carry on ing he discharged with dignity the duty
business even in his own name when it was which he owed to the entire industry. In
clearly proven that he was trading under the Knox case like others the imitating
the reputation of the original Hire, and concern offered their wares at prices lower
seeking to profit by a value created by oth- than the original.
ers. The Uneeda biscuit people spent a
In the piano industry the value of a trade
vast amount of money in advertising that mark counts for more perhaps than in al-
particular brand of crackers. A rival con- most any other.
cern jumped in the field and sprung an
Take some of our best known names and
" Iwanta" cracker upon the public. The they constitute possessions of great value
Uneeda company fought the matter in the
which should be considered as one of the
courts and won a complete victory.
firm's or corporation's assets as much as
The Apollinaris Co. have just secured stock of any kind which they possess.
They have expended vast sums of
an injunction restraining another concern
from putting Almanaris, another rival brand money and years of business application
of mineral water, upon the market. That in creating valuable properties out of
certainly was good law, for a man who had their names, and it is gratifying to note
made even moderate advance toward in- that our courts usually view publicity as
toxication would be liable to get juggled an asset in business, and so protect the
up over the word Apollinaris and say Al- firm or corporation who have won public-
manaris quite as readily after his fifth ity for their particular products. Still
drink, as he would the original brand.
there are always clever and skillful manip-
The facts are that the courts have al- ulators who will try to steal from others
ways taken a fair view of these matters their assets of publicity.
and the imitator, that is the man who There is another point involved in the
seeks to profit by the value which another theft of trade marks and publicity. If
has established for a certain name, or a merchant invests say $100,000 in jewels
trade mark, is usually sat down upon by and a thief steals the diamonds, no
injunction will suffice to punish that
thief.
He will be tried and punished.
Now let another man put $100,000 into
publicity and he is only protected by the
right to bring a civil -action, no matter
how much of his property is stolen. It is
time for the statute law to recognize this
species of property and to punish larceny
of publicity as it punishes larceny of jewels.
Why not?
'"PHIS is the day for boiling down and
concentrating all communications,
and there is one publication which is en-
gaged in exploiting the idea that the words
"dear sir" and "yours very truly" are
antiquated, useless phrases, which should
be omitted from twentieth century corres-
pondence. Our friend might go a trifle
further and say that instead of addressing
a man we should whistle to him.
THE JABLE AUTOCRATS.
IN the reports which have reached us con-
cerning the trouble which the shirt
waist man is having with hotel proprietors,
we have failed to discover the name of a
single piano manufacturer, dealer or trav-
eler.
How is this that the autocrat of the
breakfast, lunch and dinner tables has not
had the pleasure of barring out a coatless
piano man?
The hotel man, the restaurant keeper
and the embodiment of the two in his
most dignified and resplendent form—the
head waiter—are the censors at the present
time of table dress. They are the real au-
tocrats of the breakfast, lunch and dinner
tables. They are the ones who are having
the say at the present time whether the
men shall imitate their sisters and discard
their coats in public, no matter how glor-
ious the color and pattern of the garment
which in the autocrat's opinion when least
revealed adorns the most. No matter
how free the wearer's shoulders may be
from the brazen,meretricious and shocking
suspender.
The one who flatters himself that his
costume is a thing of beauty, consequently
a joy forever, and a comfort as well, finds
that he has encountered an overpowering
obstacle when he meets these important
hotel functionaries.
The theatrical managers, however, have
long been accustomed to displays of
scanty apparel and their modesty is not
shocked when the shirt waist man applies
at the ticket office for a seat. They give
him the best in the house and probably
they calculate that he will not only prove
an interesting addition to the spectacle,
but will keep the more lightly clad per-
formers in countenance. Man, however,
cannot live on vaudeville shows and roof