PADEREWSKI'S REPUTATION

Evening Post, Volume LXXXVI, Issue 146, 17 December 1913, Page 3

PADEREWSKI'S REPUTATION

LIBEL ACTION SETTLED. UP-TO-DATE~ADVERTISING.. (PROM OUR OWN CORRESPONDENT.^ LONDON, Ist November. The hearing has been concluded, by amicable settlement, of the libel action brought by Mr. Ignaco Jean Paderewski, tho famous pianist, against Mr. T. Arthur Russell, of Sackville-street, W. Plaintiff claimed damages in respect of advertisements which were published in various London newspapers relating to a concert which was to be given by Mr. Egon Petri at the Bochstein Hall on the 22nd February last. Plaintiff also complained of the wording of various posters m London relating to the concert and of the wording of the concert programme. The advertisements of which complaint was made stated that " Herr Petri has been acknowledged by the press as ' one of the greatest pianoforte players in the 'world and as ' an artist to be classed with Paderewski.' " "Paderewski" was printed in large letters under the name of Mr. Petri, and it was alleged that the public were misled into believing that the plaintiff was to perform at the concert, and that he could no longer command large audiences or high prices of admittance for his recitals. An injunction to restrain further publication was asked for by the plaintiff. On behalf of Mr. Paderewski it was urged that it was damaging to his reputation to have his name associated with a small hall where low prices were charged. Furthermore, it was not usual for an artist of plaintiff's position to have his name associated with anyone in the profession of an inferior class. The defendant went into the witnessbox, and said that in reply to a letter of complaint he had Mr. Paderewski's name withdrawn. He had no financial interest in the result of the concert. After consultation at this stage following a remark by the Judge, a settlement was announced. "The defendant/ said Mr. M'Call, X.C, "consents to an injunction, and I do not ask for costs for the plaintiff." Mr. Justice Channel], assenting to judgment being entered in that form, said : "That the advertisement was a thing which ought to have been stopped I have not the slightest doubt. It is impossible that any person honestly would put in small print the words so set out in the advertisement. I suppose other people besides myself are short-sighted, ft puts in big letters easy to see exactly the same size as those of "Paderewski" the name "Egon Petri," and also in good letters easy to see after the name "Paderewski" the words "Only recital of spring season." Everybody must have thought who looked at it casually that Paderewski was going to perform, and that 1 it was the only occasion on which he was going to perform in the spring season. I agreo that the probable effect would be to make one look at the advertisement more carefully and then one would see he had been taken in. "Whether it woulU have done the concert any good^ I am 'sure I do not know," continued Mr. Justice Channel!. "It would not have done so in my eyes. It is impossible not to think that the big print waa intended *■ to convey to the public the meaning to which I have referred. ' It was not- unintentional, and could not be so. I think it was grossly improper, and I' believe it was right to bring this action to stop the advertisement. ' Whether the plaintiff could have established a legal cause of action there is reason to doubt. Therefore it is satisfactory that it has ended to the satisfaction of the parties."