Music Trade Review

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE
REVIEW
In tKe Musical MercKandise Domain
holding the owner of patented talking machine
may restrict the sale of a patented article or the
During the Past Week, But Not Up to the Stand- Important Decisions Which Hold That the Owner manner in which it is sold. The case was ap-
of a Patented Article May Restrict Sale or the pealed from an opinion rendered by the Circuit
ard Expected or Hoped For—Dealers Buying
Manner in Which It is Sold—Some Recent In- Court of the United States for the southern dis-
Conservatively — Collections Better — Finer
junctions.
Grades in Demand.
trict of Iowa. The decree of the lower court is
reversed and the instructions of the court direct
While business doubtless has improved during
The United States Circuit Court, southern Dis-
the past week, trade still remains comparatively trict of New York, recently issued two injunc- that a decree be entered permanently enjoining
quiet. Orders are coming in to the stock houses tions of importance to the trade. Both were in the defendants who, under the terms of the con-
as if it were hard work getting them, for deal- favor of the National Phonograph Co. and tract, were to sell only at certain named prices;
ers still continue to buy conservatively, goods against individuals who were selling the com- to sell only to certain retail dealers who would
consent to a similar agreement controlling their
not having moved in accordance with calcula- pany's goods at cut prices.
sales, and that each of these firms must hold a
tions made earlier in the year. The backward
The first injunction was against Richmond
season, due to the continued cold weather, is Pease, a New York City dealer, and the other license entitling it to sell the make of talking
partly to blame for the prevailing quietude, but against David Switky, who formerly did business machine mentioned.
The company alleged that the defendants had
not a few prominent jobbers and dealers are also under the name of the Bronx Phonograph Co.,
been
selling their machines at a lower price than
figuring in the impending political campaign.
New York City, and later under the name of the
named
in the agreement and to dealers not hold-
Collections are slightly better, but a marked Central Phonograph Co.
ing
such
a license. When the case came up in
improvement must be recorded before they are
Neither Pease nor Switky had signed the agree-
normal. This has an effect on buying also, and ment of this company, but were selling machines the lower court the presiding judge ruled that
houses who have heretofore ordered freely de- and records secured surreptitiously, it is alleged, the contract was not a valid one and declined
cline to load up until they feel sure of their mar- through other parties. These injunctions by to grant the injunction. This decision is re-
ket, which is erratic just now, to say the least.
Judge Melville W. Fuller, of the Supreme Court versed by the higher court. I t is held that un-
A leader in the small goods line said to The of the United States, more firmly than ever es- der the patent laws the patentees or any one to
Review, Tuesday: "Trade is still slow, but there tablish the right to legal protection against price whom the right is given may put restrictions on
is every evidence of better times ahead. Our cutting. They show that even though dealers do the sale of any patented article or the manner
travelers say they are working harder than for not sign an agreement they cannot sell goods at in which it shall be sold so long as the patent is
many years, and orders are well earned these prices lower than those established by the sell- in effect and that such a contract is not in re-
days. Dealers are not at all discouraged, and ing company without infringing their patents. straint of trade or in violation of the anti-trust
laws.
speak cheerfully of the outlook, notwithstanding
Every decision like these makes a precedent
their stocks have not sold up to expectations. It for other courts to follow, and makes it easier to
Duce, Martin & Co. is the title of a new firm
is again to be noted that the better grades in all enforce established rights.
which have just opened up on Liberty street,
lines of musical merchandise have the prefer-
Another instance of the same kind is that fur- near Lexington, Baltimore, Md. They are han-
ence, the cheaper stuff being neglected. With a nished by Judge Willis Van Devanter, of the dling the C. G. Conn brass band instruments,
little more permanent sunshine the entire situa- United States Circuit Court of Appeals, in Min- Mayflower mandolin and Bruno banjos, as well
tion will improve, as basic conditions are healthy nesota, who handed down a decision in a suit
as a full line of other merchandise, such as
and favorable."
against Christopher W. JSchlegel and others. strings, sheet music, etc.
TRADE CONDITIONS IMPROVED
Hohner Reasonings
RESTRAINING PRICE CUTTERS.
*•
HoKner
H armonicas
It is more detrimental to give your
customer an article of poor quality
than one of high price. His com-
For tKe past Half Century Have been
plaint against high prices can be
*!*
universally recognized as being ^
remedied by offering him cheaper
goods, which reduction will natural-
ly be proven to him by his cash ex-
pended. If you, however, sell him
a worthless article his patronage
will be lost, as he will thereafter
doubt your sincerity, for, even
though you may offer him better
quality, the recollection of his first
deal with you will tempt him to
doubt your word, since you have no
material proof to verify your state-
ment, as in the case of the high -A.re **J\ist as Good as" tHe Hohner Harmonicas
prices. Therefore, keep THE BEST
from the very start to avoid being
forced to do so later on by the loss
of customers.
A.sK Your
Jobber ^
SUPERIOR TO ALL OTHERS
tt
Hohner"
Accordeons
M. HOHNER