Music Trade Review

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THE 7VTUSIC TRHDE
1
wareroonis of our city as well as The Re-
view offices have been visited by a large
number of men representing the various de-
partments of trade, who stopped off to look
"V s H E Exposition which is to be held in St.
over things in the metropolis. Altogether
Louis will not take place until 1904.
they all unite in predicting a most satisfac-
The postponement is regarded as a good
tory year in a business way.
move, inasmuch as it will enable the promo-
When we consider the views of men from
ters of the Fair to carry out their plans on a
as widely separated points as Texas, Cali-
more extensive scale and to make good their
fornia, Maine and Minnesota, and whose
claim that theirs will be the biggest show the
opinions are of the most optimistic character,
earth has ever seen. A number of piano
they must surely be considered in shaping
manufacturers intend to exhibit next year,
business plans for the year.
and this delay will afford them greater op-
portunity to perfect their exhibits so that they
"T 11F2 piano players which were on exhi-
may be more imposing and attractive.
bit in the Rennert and at various ware-
rooms in Baltimore during the Convention
D ECENT court decisions tend more stro.ig-
Officially confirmed this
week :
outnumbered the special piano exhibit. It
ly to support the idea that a man
serves to illustrate what an important part
cannot engage in business under his own
the piano players are assuming in the busi-
name when that same name has been asso-
has been awarded a
ness oi the average piano merchant.
ciated with a distinguished product and real-
SILVER
MEDAL
ly becomes part of another man's property.
at the
A P R O M I X E X T piano merchant remark-
We have in mind a decision of interest
CHARLESTON EXPOSITION
ed the other day: "1 instruc: my sales-
in this connection. The case to which we
HP
HE
music
trade
throughout
the
South
is
men
not to disparage competitors, not to
refer was decided recently by the U. S. Court
looking up materially.
In fact, all speak slightingly of a competitor's ware's.
01 Appeals. The testimony showed that
other
lines,
particularly
the
building
trade, are I tell them it requires all of their skill and
when Win. H. Baker, of Winchester, Va.,
commenced the sale of chocolate under the enjoying a ilemarkable boom. In all the ability to properly present their own line and
name of W. H. Baker & Co. in packages principal cities throughout the South there that no time should be devoted to telling
simulating those of Walter Baker & Co., he is much activity in building. Labor naturally what a competitor does or what he sells."
Good, sound, practical common sense, that!
was enjoined at the instanceof the latter from is well employed, and the outlook for dis-
tributors
of
all
kinds
of
merchandise
is
there-
Decrying
the other fellow usually adver-
using in his business the name Baker alone,
fore
very
bright.
tises him, and wherever the salesmen are
OT the name W. H. Baker & Co., and was re-
Piano
men
in
that
section
of
the
country
found who belittle a competitor, the custom-
quired to state in prominent type upon his
will
do
more
business
than
ever
before.
er usually becomes interested and ends by
packages "W. H. Baker is distinct from the
chocolate manufacturer of Walter Baker & \ X 7 JTFI1X the near future a prominent calling upon the other man and closing pos-
Co." Five years afterwards another W.
music publishing firm will bring suit sibly a bargain. The running down of a
Baker commenced the manufacture of choco- against several cutters of perforated music competitor's wares has something of a boom-
late at Syracuse and placed his name on his for piano players, for alleged infringements erang effect just at present.
cut rates "on account of styles being discon-
tinued." They announce their present selling
price, and the regular price, which shows, ac-
cording to their presentation, a saving of
fifty-five dollars.
There is no question but that throwing
aside this special drawing card, the depart-
ment store would not attract a large propor-
tion of the purchasing public which they do
to-day. It is true, generous advertising of cut
rates, and the fact that thousands of people
visit their stores where scores call at ware-
rooms, they are enabled to make a large dis-
tribution of pianos or any other product
which thev may desire.
j.
Chickering & Sons against Chickering Bros,
ir, Chicago, who state on their plates "the
only piano made by a Chickering."
THE REVIEW
goods. Mr. Baker of Virginia then obtained
from the U. S. Circuit Court of Appeals an
injunction restraining the Mr. Baker of Sy-
racuse from using the words W. H. Baker
or Win. H. Baker. Permission, however, was
given him to use the words Win. FI. Baker
conjoined with Syracuse, Judge W r allace in
affirming the decisions of the lower courts
said the complainant, notwithstanding he
commenced business under false colors, occu-
pied a position which did not recommend him
to the very solicitous consideration of the
Court, was entitled to be protected in the cir-
cumscribed use of his name which had been
accorded to him by the Court of Equity.
The judge said further that the issuance of
misleading circulars or otherwise entitled the
complainant to redress.
This case shows the growing tendency of
the courts to furnish the fullest protection
possible to owners of trade marks and to rule
out all attempts at infringements. The latest
decision in compelling this man Baker to put
the statement on his packages that he is dis-
tinct from the old chocolate manufacturer
would rather seem to uphold the claim of
of copyright. This will be a test case and
will be watched with much interest, for
should the plaintiff's claims be upheld it will
mean that a large number of suits will be
brought against other cutters of music, and
the whole complexion of the music-cutting
field will rapidly be transformed.
Practically this same matter has been
fought in the German courts and the rights
of the music publishers have been upheld,
but in England, where the matter was taken
to the House of Lords, the reverse was the
case. How the American court authorities will
view the situation is of course problematical.
One thing is certain, that the music-cutting
field has grown to large proportions and'
promises enormous developments within the
near future. Tt may be said that no suit in
the trade has been brought for many years
in which such vast interests, present and fu-
ture, are involved.
D R O B A B L Y the most disappointed man in
Baltimore was the discredited Xew
York editor who distributed large, vol-'
times which were calculated to overawe the
delegates. These papers, containing specimen
pages of advertising, fell as flat as did the bluff
of the editor later when he found that he
was completely turned down in his desire to
dominate the Dealers' Association to such a
point as to admit the trade press to the meet-
ings of the Dealers' Association.
It took the editor over four columns to
explain his bombast and bluff, and inciden-
tally, how quietly he was turned down.
This man, who is credited with possessing
some ability, evidently has forgotten past 1
events. On several occasions he has tried to
dominate the manufacturers' organization,
and every time has met with the same calm
rebuff. He forgets that the men of this in-
dustry have memories.
Silly puffs of Mr. Dutton after the abuse
"T" HF" returning trade wave from Baltimore
which
this man has poured upon him, only
carried with it a number of manufac-
turers and dealers who tarried some time show the shallowness of this editor's men-
, ,
. . . .
within our gates. The various factories and tality.
£-•<••••
V W