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tline3open  Duhme & Co. - showroom - 1875

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Author Topic:   Duhme & Co. - showroom - 1875
Scott Martin
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Posts: 11520
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iconnumber posted 06-10-2014 06:05 PM     Click Here to See the Profile for Scott Martin     Edit/Delete Message   Reply w/Quote
quote:
The establishment of Duhme & Co., Jewelers, is situated at the comer of Fourth and Walnut Streets, only one square from the Post office. The tourist who desires to see one of the finest jewelry salesrooms on the Continent will not be disappointed in visiting this. The internal arrangements are of the most complete order,- and show to advantage a very rich display of Gold Jewelry, besides a large quantity of Silver Goods, upon some pieces of which great expense is incurred in order to give to them the character of art productions. Glass cases of articles in plate, combining the ornamental and useful for household use, are specially interesting, as showing the beautiful art of electroplating.

The word jewelry now-a-days means so much that it is simply impossible to enumerate all of the articles so designated. The following, however, includes almost enough to satisfy any ordinary visitor to this establishment: Decorative gold and silver plate, such as racing cups, testimonial, centerpieces, salvers, candelabra, etc.; table plate, such as soup and sauce tureen, dessert services, claret jugs, wine coolers, cruet frames, etc.; gold and silver-plated goods, electroplated goods, gilt and ormolu work for table and personal decorations of various kinds, jewelry containing precious stones, gold and silver jewelry without precious stones, etc., besides a miscellaneous adornment of articles; many of which would come under the designation of hardware goods as readily as under that of jewelry. The designers are noted for their consummate taste.

Attention can not fail to be directed to the Diamond and Precious Stone department, this house being the principal one engaged in the business the West. French Bronzes, Clocks, Candelabra, etc., represent the finest work of foreign artists, while Epergnes, Cake and Fruit Baskets and table utensils illustrate the productions of the house. The manufacturing department is on the lower and upper floors of the building, and about 150 skilled artisans, artificers, and diamond setters are employed.

The house was established in 1836. The members of the firm are Herman Duhme and R. H. Galbreath. This firm is known as the most extensive jewelers in the west.


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Scott Martin
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iconnumber posted 06-11-2014 02:02 PM     Click Here to See the Profile for Scott Martin     Edit/Delete Message   Reply w/Quote
This is not directly silver related but it popped up and I found it interesting:

June 22, 1899
The New York Times

quote:
THE CASE OF M. F. CHASE

C. C. Duhme, His Uncle, Says He Was Not Kidnapped.

HAS A FORTUNE OF $800,000

Mr. Duhme insists also that the young man is sane - He is now in the City - Legal war likely.

Moses Fowler Chase, twenty-one years old, of Lafayette, Ind .. heir to a fortune of $800,000, whom the police of Detroit, Mich., asked the police of this city to look for on Tuesday, is still at the 'Waldorf-Astoria, where he arrived on Monday night in company with his uncle and aunt, Mr. and Mrs. Charles C. Duhme of Cincinnati. Mr. and Mrs. Duhme have satisfactorily explained their possession of the young man to Capt. McClusky, who will pay no heed to the requests of the Detroit authorities, from which city, it is claimed. Chase was abducted, and will allow Mr. and Mrs. Duhme to proceed, accompanied by Chase, on their way to Poland Springs, Me. where they have a country place. Mr. Duhme said yesterday, however, that he proposed to remain in New York for a few days, or probably a week, to see if the boy's father attempted to carry out any of his threats.

Mr. Duhme was seen in his room at the Waldorf-Astoria yesterday afternoon. Mrs. Duhme, the young man Chase, and his physician, Dr. Porter, were also present. Chase is tall and fair, with an intelligent face.

Speaking of his nephew, Mr. Duhme said: “Fowler was not kidnapped. He came with us of his own choosing, and any man who lays a hand on me or on him does so at his peril. Fowler has been declared sane by Judge Ferris of Cincinnati, and he has been adjudicated a citizen of Ohio. I had that done two weeks ago”.

“Fred Chase, the boy's father, is a worthless man. He has never been able to make a success of anything. He hasn't a cent to his name. and I know that he will not do Fowler' s fortune any good."

“Yes, he is a wicked man," broke in Mrs. Dunme. "Twenty-three years ago he married my sister and he didn't have sufficient money to pay the wedding trip. Fowler was their only child. Ten years ago my sister died, and my father died a few years later. He left his entire fortune of $800,000 to Fowler. Fowler has lived with us for seven years out of the past ten. His father never thought of him until he received his money. Now he wants him, and accuses us of abducting the boy."

Capt. McClusky said that young Chase told him that he wanted to be with his uncle, who was kind to him and who had always taken care of him. "The boy told a straight story," said Capt. McClusky, “and the Duhmes seem to be respectable, honest people, whom I do not care to trouble.. In my mind, they are acting perfectly right."

Mr. Duhme has engaged John D. Conely, an attorney of Detroit, to represent him in that city. Conely telegraphed Gov. Roosevelt not to issue extradition papers until he could be heard from.

Mr. Duhme is a wealthy jeweler of Cincinnati. He is well known at the Waldorf-Astoria, where he spends from three to six months every year.

Willard Mitchell of 35 Nassau Street, counsel for the Duhmes in New York, gave out a statement yesterday afternoon which he had been authorized to issue by Mr. Duhme.

According to this statement, which takes in the general story of the trouble, Moses Fowler, the young man's grandfather, died Aug. 21, 1889, and the young man came of age on June 4, 1890. Some time ago he was sunstruck and was sent to a sanitarium in Flint, Mich, where he remained two or three months, going back a second time. His father secured his release and was taking him through Detroit when Mrs. Duhme caught up with them. Chase then left his father to go with Mrs. Duhme. She and her husband took him to Cincinnati and afterward came to New York.

Mr. Mitchell said that Frederick Chase. the father, has been admitted to the bar, "but has never practiced. He said that the young man is in a perfectly sound state of mind and able to take care of himself.


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Scott Martin
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iconnumber posted 06-11-2014 02:05 PM     Click Here to See the Profile for Scott Martin     Edit/Delete Message   Reply w/Quote
And this which is silver related:
quote:
The Jewelers Review
June 7, 1899
pg 727

"Duhme" as a Trade-Mark. - A peculiar case has been brought into the courts into which the rivalry between the Duhme Jewel ry Company and the firm of Duhme Brothers & Co. can be seen manifested. The first-named concern has brought suit to enjoin perpetually the second-named from using the name "Duhme" as a trade-mark or as a distinctive name without some limiting word. It is set up in the petition that the packages sent out or brought into the city by the company are mixed up with those of the firm by reason of the fact that the company, which suc ceeded to the business and name of the old Duhme Company still use that name as its distinctive mark while the firm has used the same word in its turn. The allegation is made that in reality the bulk of the capital in the firm is not Duhme money, and that the firm has no right to the use of the word without a specifying word, such as Duhme Brothers. The petition has been filed and the case will be heard next week.


The Jewelers Review
June 14, 1899
pg 758

As yet no answer has been filed by the firm of Duhme Brothers & Co. to the suit brought by the Duhme Jewelry Co. to restrain the first named concern from using the name Duhme without some distinguishing title. There is allowed 30 days in which to make the answer, and it is promised that when the answer is made that accusations made by the company against the firm as to goods handled and stock carried will be gone one better in the answering petition.


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Scott Martin
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iconnumber posted 06-11-2014 02:12 PM     Click Here to See the Profile for Scott Martin     Edit/Delete Message   Reply w/Quote
The Jewelers Circular
July 5, 1899
pg 19
quote:
Duhme Brothers & Co. Reply to the Duhme Jewelry Co.

Cincinnati, O., July 1.—Duhme Bros. & Co., through their attorneys, Caldwell & Caldwell, filed their reply to-day to the petition of the Duhme Jewelry Co., who several days ago asked to have them restrained from using the name of Duhme. They deny each and every allegation of the plaintiffs' petition. They claim that as sons, Herman and Frank, of the elder Herman Duhme, and Mr. Galbreath as brother-in-law of same, they are heirs by birthright to the name and fame of the old Duhme house. They allege the good will was never sold nor parted with by the stockholders. The plaintiffs never acquired any right to the use of the name of Duhme in any form other than as the Duhme Jewelry Co., when the Duhme brothers were members of the firm. They have now none of the Duhmcs nor their relations in the company bearing their name. They further allege that when the Duhme brothers refused to be parties to some of their practices of doing business with the public, the Kecks began a system of abuse to drive them from the business. They say that when the contract was made and the fixtures and goods of the old Duhme company were sold to them they formed a partnership with Mary and Lucille Duhme and Herman and Frank Duhme, and the Duhmes only were to be recognized and known in the business; the Kecks, who were to be the financial backers, were to be silent partners with the privilege of placing their diamonds and mounted stock in consignment at manufacturers' prices in the retail business.

When it became necessary for the Duhmes to make a payment to the assignee the Kecks, in violation of their agreement, refused to form a partnership but required a corporation, to which the Duhmes were forced to assent in order to complete their purchase and to save their profits. By this movement Leopold Kleybolte, who was largely interested in the H. Keck Mfg. Co., became possessor of 10-21 of the stock, and his with the Kecks' vote left the Duhmes without a voice in the matter of future arrangements or management of the business and they were relegated to oblivion. Then the abuse became offensive, the Duhmes even being threatened, they allege, with bodily injury, and they were forced to retire. They claim the stock is not of the value of $300,000 as alleged in the petition, but is of the value of $22,000, as listed for taxation by the plaintiffs with the auditor of Hamilton county.

They further say the name of Duhme, by practices of the Kecks, has been damaged in the sum of $100,000 and that unless restrained by the court the plaintiffs will wrongfully and unlawfully use said name to the irreparable injury and loss of the defendants. These defendants pray for a temporary injunction to restrain the Duhme Jewelry Co. from using the name of Duhme or any combination of words containing the name, as a sign, or on goods, cards, stationery, etc. The damage suit to follow will make things very interesting.


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swarter
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iconnumber posted 06-12-2014 10:55 AM     Click Here to See the Profile for swarter     Edit/Delete Message   Reply w/Quote
And what was the outcome (one can guess, though)?

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Scott Martin
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iconnumber posted 06-12-2014 11:32 AM     Click Here to See the Profile for Scott Martin     Edit/Delete Message   Reply w/Quote
I don't know ... I haven't had the free time to look. I too would like to know and like you, I can guess. smile

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Scott Martin
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iconnumber posted 06-13-2014 11:08 AM     Click Here to See the Profile for Scott Martin     Edit/Delete Message   Reply w/Quote
THE JEWELERS' CIRCULAR
June 7, 1899
pg. 18
quote:
Fight Over Use of the Name "Duhme" In the Jewelry Business

CINCINNATI, Oh., June 4.-Suit was filed yesterday by the Duhme Jewelry Co., at 4th and Walnut Sts., against Duhme Bros. & Co., located further west in 4th St., at No. 37, but only 200 feet from the corner where the old Duhme Co. did business. The trouble originated in the divisions in the old firm which led up to the assignment in May, 1897, when the stock of the old company came to be offered at assignee's sale. The plaintiffs say that Lucille C. Duhme, wife of Frank Duhme; Mary C. Duhme, wire of Herman Duhme, and Herman and Oscar Keck formed a partnership as Duhme & Co. to buy the assets, and their bid being the highest, a bill of sale was ordered made to them, which was done. About the same time they incorporated as the Duhme Jewelry Co., and the 21 shares of stock are held by Frank, Herman and their wives, and Oscar and Herman Keck and Leopold Kleybolte, and a bill of sale was made to the company of the assets of the old company by the purchasers at assignee's sale for $46,105.77.

The plaintiffs say the company acquired a large trade and had a very valuable good will throughout Ohio and the United States, amounting to hundreds of thousands of dollars yearly. The name of Duhme in the jewelry trade was one to conjure with, and no explanation is needed why it was taken by the new company. And they say the very name induced Herman Keck, who is the president, as well as Oscar, to put their money in it. The company employed R. H. Galbraith, husband of Emily D. Galbraith, as general manager for a year and a half from November 1, 1897. On May 1, 1898, Lucille C. and Mary C. Duhme and their husbands, Herman and Frank, sold their 10 shares to Oscar and Herman Keck for their market value of $18,000, and at once organized a partnership as defendants in this suit, under what the plaintiffs claim is the fictitious name and title of Duhme Bros. & Co., for the purpose of "engaging in unfair and piratical competition with the plaintiff company."

The similarity of names causes confusion in the mails and is used it is claimed by the defendants to mislead and entice the customers of the plaintiff company. Hence a prayer for an injunction against the use of the name, including Duhme, without clearly distinguishing it from that of the 'Plaintiffs' name. Duhme Bros. & Co. laugh when asked about using their own name, and say they have doubtless a right to the name of Duhme, as they are both sons of the elder Duhme, who made the name noted.


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ahwt

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iconnumber posted 06-16-2014 11:18 AM     Click Here to See the Profile for ahwt     Edit/Delete Message   Reply w/Quote
Amy Miller Dehan in her book “Cincinnati Silver” notes the final judicial ruling allowing the Duhme Brothers and Company to keep their name was on June 3 1899 and June 5, 1899. This was from “The Court Index, Official Papers of the Hamilton county Courts” Ms. Dehan states that Duhme Brothers and Co. lasted until 1905 and the Duhme Jewelry Co. lasted until 1910. Duhme Brothers (without the Company) lasted until about 1928. This litigation was at the state level and today most trademarks for businesses operating in interstate commerce are determined at the Federal level.
One thing that is the same is that family squabbles still make interesting reading in trademark litigation and use of a surname seems to breed litigation. Use of a surname seems to irritate family members that are not a part of the business and that leads to litigation. A search for “Schlafly Beer trademark” returns yet another instance where family squabbles are litigated. In this case the owner of the beer company will probably prevail as the name Schlafly has been used for 20 plus years for beer and would seem to have acquired a secondary meaning.

[This message has been edited by ahwt (edited 06-16-2014).]

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