Music Trade Review
Issue: 1904 Vol. 38 N. 5 - Page 40
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
40
THE: MUSIC TRADE:
REVIEW
issuance of an injunction restraining the
Universal Talking Machine Mfg. Co. from
Against Universal Talking Machine Co. to Restrain using "his name for the purposes of trade.''
Them From Using His Name For Purposes of
In support of the application Nathan
Trade—Some Novel and Strong Points Pre-
Burkan,
counsel for Herbert argued that
sented by Defendants.
the defendant company was engaged in
Victor Herbert, the composer and con- the manufacture and sale of instruments
ductor, on Monday made application to for the mechanical reproduction of music
Justice Leventritt, in special term, P. I., and speech, called zon-o-phones; further,
of the New York Supreme Court, for the that the company had issued and sold a
VICTOR HERBERT BRINGS SUIT
HIGHEST
QUALITY.
LOWEST PRICES.
THE C. G. CONN
Perfected Wonder System Clarinet.
THE PERFECTED
THE PERFECTED
Combines the excel-
lencies of all Previous
Systems, in addition to
the Puneschi improve-
ments and Many Other
Important Recent
Devices-
Receives
Unqualified
Endorsement of the
World's Eminent Clarinet
Playersm Among them,
L. H. Christie, W. Bayne,
J. Vanuouche, P* Km
Matus and Em Am Bosworthm
For illustrated catalogue giving full description of the Perfected
Wonder Band Orchestra and Solo Instruments, Address
Clarinet
and the
Elkhart, Ind.
C. G. CONN,
JUST OUT.
WOVJASS E\IREDITIOIH
MUSICAL MERPIAKDI JE
C A T A L O G U E <=«*=>
Dealers in the South
and Wejst w i l l be
interested in this cata-
logue. It is to be had
for the asking. . . .
large number of records for the zon-o-
phones which were marked as presenting
music "actually played by Victor Herbert's
Band." As a matter of fact, counsel con-
tended Mr. Herbert's orchestra never
played for any records of zon-o-phones or
other similar instruments. It might
be Herbert's music, but was never
played by an organization with which he
is connected."
Mr Burkan said that Herbert's suit was
based on the law passed in 1903, which pro-
vides as follows:
"Any person whose name, portrait or
picture is used within this State for adver-
tising purposes of trade, without the writ-
ten consent first being obtained, may main-
tain an equitable action in the Supreme
Court to prevent and restrain the use there-
of and may also sue and recover damages."
Herbert has also begun a suit against
the Universal Co. to recover damages for
the. alleged wrongful use of his name-
Peter B. Olney, of Olney & Comstock,
counsel for the Universal Talking Machine
Mfg. Co. opposed the issuance of an in-
junction on the ground that the complain-
ant had long known his name was being
used in connection with talking machine
records, not only by his clients, but every
other company in that line in the country;
that he had never taken steps, or sent no-
tice to discontinue the practice, and, there-
fore, his negligence should act as an estop-
pel in equity. A novel point was also
raised by Mr. Olney, in which he claimed
the statute in question could not exercise
a person's judgment concerning the use of
his name under the conditions specified,
and therefore it was defective. He cited
precedents in proof of this contention.
Pending decision papers and affidavits
were filed with the court on Tuesday by
both sides, and an early decree is ex-
pected.
A VIOLIN CENTER.
Markneukirchen, Germany, sold in the
United States last year, $137,000 worth of
violins, $66,000 of bows, $60,000 of strings
and $132,000 of accordeons and concertinas.
All the raw materials for these articles is
imported; the stock for strings all comes
from Russia.
ThiebeS'Stierlln
Musical
Instrument Co.,
MANDOLINS, BUITARS
BANJEAUX
THIEB5J5TIERLIN MUSICAL INSTRUMENT
COMPANv
St. Louis, Mo.
IOO3
ST.LOUIS
19 O 4
ARTISTIC AND ELECANT
OUR CATALOGUE* WILL
INTEREST YOU
GENUINE "COURTOIS" BAND INSTRUMENTS
AND
SAXOPHONES.
The World's Most Famous Soloists' IDEAL.
WM. R. GRATZ COMPANY,
J0 ;» -e»
ANGELO-"™ Mandolins, Mandolas^z Guitars
Highest Award and Oold Medal at all International
and Universal Expositions.
67 6 - 6 7 8 - 6 8 0
E A G L E
DURRO
BUEGELEISEN & JACOBSON,
F O R C A T A L O G U E
A V E N U E ,
SACINAW,
MICHIGAN
1
SOLE AGENTS for tK« United States.
W R I T E
WALDO MANUFACTURING CO.
A N D T E R M S
A new departure in riandolln Construction
THE AMERICAN LUTE
The Mandolin with the Violin Tone
PRICE, $40.00
Terms on application.
Agencies allowed to reliable dealers and teachers.
C. L. PARTEE MUSIC CO., 5 E. Mth St., New York City
Send for catalogue of latest publications.
N E W YORK.
Violins, Bows, Strings
HARPS, HARPS
Double actions by Rrard, Kr&t, Grosjaan and
all Landon makers. Good ai new. Largest
stock of second-hands in £ur«pe.
Prices reasonable. Correspondence solicited.
And High=Class Trimmings,
NEW YORK
J.
MILLER,
BRISTOL.
HARP MAKER,
ENGLAND
40
THE: MUSIC TRADE:
REVIEW
issuance of an injunction restraining the
Universal Talking Machine Mfg. Co. from
Against Universal Talking Machine Co. to Restrain using "his name for the purposes of trade.''
Them From Using His Name For Purposes of
In support of the application Nathan
Trade—Some Novel and Strong Points Pre-
Burkan,
counsel for Herbert argued that
sented by Defendants.
the defendant company was engaged in
Victor Herbert, the composer and con- the manufacture and sale of instruments
ductor, on Monday made application to for the mechanical reproduction of music
Justice Leventritt, in special term, P. I., and speech, called zon-o-phones; further,
of the New York Supreme Court, for the that the company had issued and sold a
VICTOR HERBERT BRINGS SUIT
HIGHEST
QUALITY.
LOWEST PRICES.
THE C. G. CONN
Perfected Wonder System Clarinet.
THE PERFECTED
THE PERFECTED
Combines the excel-
lencies of all Previous
Systems, in addition to
the Puneschi improve-
ments and Many Other
Important Recent
Devices-
Receives
Unqualified
Endorsement of the
World's Eminent Clarinet
Playersm Among them,
L. H. Christie, W. Bayne,
J. Vanuouche, P* Km
Matus and Em Am Bosworthm
For illustrated catalogue giving full description of the Perfected
Wonder Band Orchestra and Solo Instruments, Address
Clarinet
and the
Elkhart, Ind.
C. G. CONN,
JUST OUT.
WOVJASS E\IREDITIOIH
MUSICAL MERPIAKDI JE
C A T A L O G U E <=«*=>
Dealers in the South
and Wejst w i l l be
interested in this cata-
logue. It is to be had
for the asking. . . .
large number of records for the zon-o-
phones which were marked as presenting
music "actually played by Victor Herbert's
Band." As a matter of fact, counsel con-
tended Mr. Herbert's orchestra never
played for any records of zon-o-phones or
other similar instruments. It might
be Herbert's music, but was never
played by an organization with which he
is connected."
Mr Burkan said that Herbert's suit was
based on the law passed in 1903, which pro-
vides as follows:
"Any person whose name, portrait or
picture is used within this State for adver-
tising purposes of trade, without the writ-
ten consent first being obtained, may main-
tain an equitable action in the Supreme
Court to prevent and restrain the use there-
of and may also sue and recover damages."
Herbert has also begun a suit against
the Universal Co. to recover damages for
the. alleged wrongful use of his name-
Peter B. Olney, of Olney & Comstock,
counsel for the Universal Talking Machine
Mfg. Co. opposed the issuance of an in-
junction on the ground that the complain-
ant had long known his name was being
used in connection with talking machine
records, not only by his clients, but every
other company in that line in the country;
that he had never taken steps, or sent no-
tice to discontinue the practice, and, there-
fore, his negligence should act as an estop-
pel in equity. A novel point was also
raised by Mr. Olney, in which he claimed
the statute in question could not exercise
a person's judgment concerning the use of
his name under the conditions specified,
and therefore it was defective. He cited
precedents in proof of this contention.
Pending decision papers and affidavits
were filed with the court on Tuesday by
both sides, and an early decree is ex-
pected.
A VIOLIN CENTER.
Markneukirchen, Germany, sold in the
United States last year, $137,000 worth of
violins, $66,000 of bows, $60,000 of strings
and $132,000 of accordeons and concertinas.
All the raw materials for these articles is
imported; the stock for strings all comes
from Russia.
ThiebeS'Stierlln
Musical
Instrument Co.,
MANDOLINS, BUITARS
BANJEAUX
THIEB5J5TIERLIN MUSICAL INSTRUMENT
COMPANv
St. Louis, Mo.
IOO3
ST.LOUIS
19 O 4
ARTISTIC AND ELECANT
OUR CATALOGUE* WILL
INTEREST YOU
GENUINE "COURTOIS" BAND INSTRUMENTS
AND
SAXOPHONES.
The World's Most Famous Soloists' IDEAL.
WM. R. GRATZ COMPANY,
J0 ;» -e»
ANGELO-"™ Mandolins, Mandolas^z Guitars
Highest Award and Oold Medal at all International
and Universal Expositions.
67 6 - 6 7 8 - 6 8 0
E A G L E
DURRO
BUEGELEISEN & JACOBSON,
F O R C A T A L O G U E
A V E N U E ,
SACINAW,
MICHIGAN
1
SOLE AGENTS for tK« United States.
W R I T E
WALDO MANUFACTURING CO.
A N D T E R M S
A new departure in riandolln Construction
THE AMERICAN LUTE
The Mandolin with the Violin Tone
PRICE, $40.00
Terms on application.
Agencies allowed to reliable dealers and teachers.
C. L. PARTEE MUSIC CO., 5 E. Mth St., New York City
Send for catalogue of latest publications.
N E W YORK.
Violins, Bows, Strings
HARPS, HARPS
Double actions by Rrard, Kr&t, Grosjaan and
all Landon makers. Good ai new. Largest
stock of second-hands in £ur«pe.
Prices reasonable. Correspondence solicited.
And High=Class Trimmings,
NEW YORK
J.
MILLER,
BRISTOL.
HARP MAKER,
ENGLAND
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