Presto
Issue: 1927 2122 - Page 10
PRESTO-TIMES
10
TO CLAIM PROTECTION
MARK MUST BE USED
Circuit Court of Appeals Finds No Infringe-
ment of Trade Name by Competitor
When Not Actually Used.
A recent court ruling, touching trade mark rights,
seems to bear upon a question frequently brought up
in the piano trade. It was a suit to enjoin the in-
fringement of an alleged trade-mark. The text of
the memorandum, by Judge Bean, District Court of
Oregon, reads as follows:
There is no issue of unfair competition involved in
this case. The only question here is whether in reg-
istering his trade-mark in 1925 the plaintiff thereby
obtained the exclusive right to the use of the term
used as descriptive of a certain product.
At the time the plaintiff adopted in 1906 a term to
give his product, as he says, "a distinctive name"
from other products of similar nature.
He, however, did not use any identifying mark in
selling or marketing his product until 1923. Up to
that time it was sold without any advertising labels.
It was therefore seventeen years after the plaintiff
gave a name to the product before he actually applied
the name in dispute in marketing it.
A trade-mark is not acquired by mere adoption, but
only by use. There is no such thing as a property
right in a trade-mark apart from the actual use.
The mere adoption of a word, symbol or device,
unaccompanied by the actual application to the article,
is not sufficient to create an exclusive right thereto.
The trader must apply the mark to the article, and
must actually put the articles so marked on the mar-
ket.
The plaintiff therefore acquired no exclusive right
to the use of the term by its adoption in 1906, for
"there is no such thing as property in a trade-mark
except as an alleged appurtenance to an established
business or trade in connection with which the mark
is employed."
PIANO TRADE NEWSLETS
TOLD IN PARAQRAPHLETS
Items of Interest Done Up in Few Lines to
Be Read by Busy Members
at a Glance.
The Euclid Music Co., Cleveland, O., is to open
another store in their chain. It will be located at
Coventry road and Fairmount boulevard. The aim
is to make it the most beautiful store in Cleveland.
Cawker City, Kans., is taking its place among the
music industry points in the West. The E. D. Rich-
ardson Mfg. Co., of the town named, specializes in
"radios, sales, service, parts, accessories and advice."
Cooper's Music Store has been opened at Kelso,
Wash. C. A. Korton has charge of the piano depart-
ment, which promises to do a good business.
. The Publishers' Association of New York has set
down a rule to eliminate free advertising of radio
programs.
Treasurer George Cain of the Miessner Piano Co.,
Milwaukee, recently made an eastern sales trip and
established Ncal, Clark & Neal, of Buffalo, as Miess-
ner representative in that city. They plan to put on
Melody Way Free Piano Classes.
Farmers in the Ozark section of Missouri are
following the advice of the United States Department
of Agriculture and planting walnuts in the lowlands.
H. Tregrist, cornet soloist of Paul Whiteman's
Band, appeared at the store of the Yahrling-Rayner
Music Co., Youngstown, O., recently and demon-
strated the merits of a Conn cornet.
April 2, 1927.
SCHILLER
A GREAT NAME—A GREAT PIANO
THE SCHILLER
Makes Friends, Makes Customers, Makes
Money, for the Dealer
Super-Grands, Medium Grands, Small
Grands. Full Plate Uprights; Medium
Uprights; Small (3:7) Uprights.
Reproducing Grands, Uprights and
Players
Grands with the Famous Bauer
Patented Construction
The SCHILLER PIANO challenges
superiority in tone quality as in construc-
tion, workmanship, finish and appearance.
For Agency Proposition and All
Particulars, address
SCHILLER PIANO COMPANY
Factory and General Offices:
OREGON, ILLINOIS
CHICAGO OFFICE:
State and Adams Sts.
922 Republic Bid*.
NEW YORK OFFICE:
130 W. 42nd St.
Bush Terminal Bldg.
STRICH & ZEIDLER, Inc.
GRAND, UPRIGHT and PLAYER
AND
JESSE FRENCH &SONS
"Make Homes Happy *
£Xffrs.of ^Pianos/PIaijors 6»
Write for Catalog
Castle. Indiana.
WILLIAMS
PIANOS
The policy of the Williams House is and always
has been to depend upon excellence of product
instead of alluring price. Such a policy does not
attract bargain hunters. It does, however, win the
hearty approval and support of a very desirable
and substantial patronage.
WIIMAMS Maker, of Williams Piano..
Tf ILLICIT!3 Epworth Piano, and Organs
DISTINGUISHED VISITORS TO
AMPICO RECORDING STUDIOS
HOMER PIANOS
Week's List Includes the Princess de Broglie and
Gaetano Merola, Noted Conductor.
740-742 East 136th Street
NEW YORK
Amongst the visitors to the Ampico Recording Stu-
dios, New York, recently were Princess de Broglie,
who called to hear her recent recordings, as also
did Mischa Levitzki, Frank Black and Frank Sher-
idan.
Miss Margaret Hamilton, the concert pianist, made
several recordings and Fairchild and Rainger came
with their latest offering for an early issue of the
Ampico Magazine.
Gaetano Merola, conductor of the San Francisco
Symphony Orchestra, paid a friendly visit when in
New York on his way to Europe, where he will pass
the summer.
BRINKERHOFF
Grands
- Reproducing Grands
Player-Pianos
and Pianos
JACOB BROS. CO. TO MOVE.
The Jacob Bros. Co., New York, has announced
the removal, about June 1, of the manufacturing plant
and general offices from their present location at
543 West 39th street to the factory building owned
by the company at 306 East 133rd street. More
floor space and better accommodations generally are
advantages in the new location, according to Albert
Jacob.
711 Milwaukee Ave., CHICAGO, ILL.
CURTIS S. MILLER RESIGNS.
Curtis S. Miller, vice-president and sales manager
of the Schaff Bros. Piano Co., Huntington, Ind., has
resigned to become secretary of the Chamber of
Commerce at Washington Court House, Ohio. Mr.
Miller has just concluded a trip through several
states and extending as far as California, visiting
chambers of commerce and studying their operations.
KREITER
WALTHAM IN PITTSBURGH.
The Waltham playerpiano. made in Milwaukee, was
accorded a fine reception at the Frederick Theater
in East Pittsburgh recently, according to C. B.
Mitchell of the Schaffner Music House, who demon-
strated the player.
THE JEWETT PIANOS
Reliable Grand. Upright and Player Pianos
JEWETT PIANO CO., Boston Factories: Leominster, Mass.
The Line That Sells Easily
and Satisfies Always
BRINKERHOFF PIANO CO.
The Leading and Most Popular
Pianos and Players
Grands, Players, Uprights and
Reproducing Pianos
The Results of Over Forty Years'
of Experience.
Kreiter Pianos Cover the Entire Line
and no Piano Dealer who tries these in-
struments would supplant them by any
others. A trial will convince.
Kreiter Mfg. Co., Inc.
310-312 W. Water St., Milwaukee, Wis,
Factory: Marinette, Wi».
The stock of 'the Starr Piano Co. branch in Bloom-
ington, Ind., was moved last week to Indianapolis.
Enhanced content © 2008-2009 and presented by MBSI - The Musical Box Society International (www.mbsi.org) and the International Arcade Museum (www.arcade-museum.com).
All Rights Reserved. Digitized from the archives of the MBSI with support from NAMM - The International Music Products Association (www.namm.org).
Additional enhancement, optimization, and distribution by the International Arcade Museum. An extensive collection of Presto can be found online at http://www.arcade-museum.com/library/
10
TO CLAIM PROTECTION
MARK MUST BE USED
Circuit Court of Appeals Finds No Infringe-
ment of Trade Name by Competitor
When Not Actually Used.
A recent court ruling, touching trade mark rights,
seems to bear upon a question frequently brought up
in the piano trade. It was a suit to enjoin the in-
fringement of an alleged trade-mark. The text of
the memorandum, by Judge Bean, District Court of
Oregon, reads as follows:
There is no issue of unfair competition involved in
this case. The only question here is whether in reg-
istering his trade-mark in 1925 the plaintiff thereby
obtained the exclusive right to the use of the term
used as descriptive of a certain product.
At the time the plaintiff adopted in 1906 a term to
give his product, as he says, "a distinctive name"
from other products of similar nature.
He, however, did not use any identifying mark in
selling or marketing his product until 1923. Up to
that time it was sold without any advertising labels.
It was therefore seventeen years after the plaintiff
gave a name to the product before he actually applied
the name in dispute in marketing it.
A trade-mark is not acquired by mere adoption, but
only by use. There is no such thing as a property
right in a trade-mark apart from the actual use.
The mere adoption of a word, symbol or device,
unaccompanied by the actual application to the article,
is not sufficient to create an exclusive right thereto.
The trader must apply the mark to the article, and
must actually put the articles so marked on the mar-
ket.
The plaintiff therefore acquired no exclusive right
to the use of the term by its adoption in 1906, for
"there is no such thing as property in a trade-mark
except as an alleged appurtenance to an established
business or trade in connection with which the mark
is employed."
PIANO TRADE NEWSLETS
TOLD IN PARAQRAPHLETS
Items of Interest Done Up in Few Lines to
Be Read by Busy Members
at a Glance.
The Euclid Music Co., Cleveland, O., is to open
another store in their chain. It will be located at
Coventry road and Fairmount boulevard. The aim
is to make it the most beautiful store in Cleveland.
Cawker City, Kans., is taking its place among the
music industry points in the West. The E. D. Rich-
ardson Mfg. Co., of the town named, specializes in
"radios, sales, service, parts, accessories and advice."
Cooper's Music Store has been opened at Kelso,
Wash. C. A. Korton has charge of the piano depart-
ment, which promises to do a good business.
. The Publishers' Association of New York has set
down a rule to eliminate free advertising of radio
programs.
Treasurer George Cain of the Miessner Piano Co.,
Milwaukee, recently made an eastern sales trip and
established Ncal, Clark & Neal, of Buffalo, as Miess-
ner representative in that city. They plan to put on
Melody Way Free Piano Classes.
Farmers in the Ozark section of Missouri are
following the advice of the United States Department
of Agriculture and planting walnuts in the lowlands.
H. Tregrist, cornet soloist of Paul Whiteman's
Band, appeared at the store of the Yahrling-Rayner
Music Co., Youngstown, O., recently and demon-
strated the merits of a Conn cornet.
April 2, 1927.
SCHILLER
A GREAT NAME—A GREAT PIANO
THE SCHILLER
Makes Friends, Makes Customers, Makes
Money, for the Dealer
Super-Grands, Medium Grands, Small
Grands. Full Plate Uprights; Medium
Uprights; Small (3:7) Uprights.
Reproducing Grands, Uprights and
Players
Grands with the Famous Bauer
Patented Construction
The SCHILLER PIANO challenges
superiority in tone quality as in construc-
tion, workmanship, finish and appearance.
For Agency Proposition and All
Particulars, address
SCHILLER PIANO COMPANY
Factory and General Offices:
OREGON, ILLINOIS
CHICAGO OFFICE:
State and Adams Sts.
922 Republic Bid*.
NEW YORK OFFICE:
130 W. 42nd St.
Bush Terminal Bldg.
STRICH & ZEIDLER, Inc.
GRAND, UPRIGHT and PLAYER
AND
JESSE FRENCH &SONS
"Make Homes Happy *
£Xffrs.of ^Pianos/PIaijors 6»
Write for Catalog
Castle. Indiana.
WILLIAMS
PIANOS
The policy of the Williams House is and always
has been to depend upon excellence of product
instead of alluring price. Such a policy does not
attract bargain hunters. It does, however, win the
hearty approval and support of a very desirable
and substantial patronage.
WIIMAMS Maker, of Williams Piano..
Tf ILLICIT!3 Epworth Piano, and Organs
DISTINGUISHED VISITORS TO
AMPICO RECORDING STUDIOS
HOMER PIANOS
Week's List Includes the Princess de Broglie and
Gaetano Merola, Noted Conductor.
740-742 East 136th Street
NEW YORK
Amongst the visitors to the Ampico Recording Stu-
dios, New York, recently were Princess de Broglie,
who called to hear her recent recordings, as also
did Mischa Levitzki, Frank Black and Frank Sher-
idan.
Miss Margaret Hamilton, the concert pianist, made
several recordings and Fairchild and Rainger came
with their latest offering for an early issue of the
Ampico Magazine.
Gaetano Merola, conductor of the San Francisco
Symphony Orchestra, paid a friendly visit when in
New York on his way to Europe, where he will pass
the summer.
BRINKERHOFF
Grands
- Reproducing Grands
Player-Pianos
and Pianos
JACOB BROS. CO. TO MOVE.
The Jacob Bros. Co., New York, has announced
the removal, about June 1, of the manufacturing plant
and general offices from their present location at
543 West 39th street to the factory building owned
by the company at 306 East 133rd street. More
floor space and better accommodations generally are
advantages in the new location, according to Albert
Jacob.
711 Milwaukee Ave., CHICAGO, ILL.
CURTIS S. MILLER RESIGNS.
Curtis S. Miller, vice-president and sales manager
of the Schaff Bros. Piano Co., Huntington, Ind., has
resigned to become secretary of the Chamber of
Commerce at Washington Court House, Ohio. Mr.
Miller has just concluded a trip through several
states and extending as far as California, visiting
chambers of commerce and studying their operations.
KREITER
WALTHAM IN PITTSBURGH.
The Waltham playerpiano. made in Milwaukee, was
accorded a fine reception at the Frederick Theater
in East Pittsburgh recently, according to C. B.
Mitchell of the Schaffner Music House, who demon-
strated the player.
THE JEWETT PIANOS
Reliable Grand. Upright and Player Pianos
JEWETT PIANO CO., Boston Factories: Leominster, Mass.
The Line That Sells Easily
and Satisfies Always
BRINKERHOFF PIANO CO.
The Leading and Most Popular
Pianos and Players
Grands, Players, Uprights and
Reproducing Pianos
The Results of Over Forty Years'
of Experience.
Kreiter Pianos Cover the Entire Line
and no Piano Dealer who tries these in-
struments would supplant them by any
others. A trial will convince.
Kreiter Mfg. Co., Inc.
310-312 W. Water St., Milwaukee, Wis,
Factory: Marinette, Wi».
The stock of 'the Starr Piano Co. branch in Bloom-
ington, Ind., was moved last week to Indianapolis.
Enhanced content © 2008-2009 and presented by MBSI - The Musical Box Society International (www.mbsi.org) and the International Arcade Museum (www.arcade-museum.com).
All Rights Reserved. Digitized from the archives of the MBSI with support from NAMM - The International Music Products Association (www.namm.org).
Additional enhancement, optimization, and distribution by the International Arcade Museum. An extensive collection of Presto can be found online at http://www.arcade-museum.com/library/
Future scanning projects are planned by the International Arcade Museum Library (IAML).