March 27 Wednesday – At 1410 W. 10th in N.Y.C., Sam wrote to Frank Bliss.

I have been down town all the forenoon since early breakfast arranging with the Harpers for a relaxation of a clause in my contract with them concerning dramatisations of my books. After arranging it satisfactorily Mr. Duneka (head of the corporation in Col. Harvey’s absence [he had sailed for Europe]) asked if you had concluded your deal with Newbegin. I said I thought not, as I had not heard from you. He said you could not publish the Popular Edition because the Harpers contract was a ban to it, that they had taken legal advice, knew their ground, and could and would enjoin. Expressed doubt about Newbegin’s ability to sell great editions. I said, “No matter; Newbegin takes a big edition every 3 months, and pays for it—the money is well secured.” Duneka said, “I don’t care what the quarterly number is we will double it and pay. We want those books and can outbid anybody.” Now you are buttressed. If you can’t guarantee Newbegin’s editions against injunction he may want to throw up the trade, in which case you can fall back upon the Harpers—on the terms above stated [MTP].

Note: R.G. Newbegin Co. was a distributor for Mark Twain’s Uniform Editions. Frederick A. Duneka (d.1919), Before 1900 city editor for Pulitzer’s NY World; in 1900 became general manager and secretary board of directors of Harper & Brothers when George B. Harvey became president of the company. Duneka was the main editor for Sam’s “Chapters of My Autobiography” that ran serially in the North American Review in 1906-7.

Sam also wrote to Augustus T. Gurlitz.

Don’t send me these things—they are your affair, not mine.

Private. I am tired, & have a notion to run over to England & back in the same ship. Will this suit interfere with the project? [MTP].

Note: Sam had turned down invites by George B. Harvey and H.H. Rogers to accompany each on an Atlantic crossing. He may have reconsidered the latter invitation, as Harvey was already gone.

The New York Times, p.6 reported Mark Twain’s latest legal battle over copyright:

MARK TWAIN, PLAINTIFF.

———

Brings Suit Against Publishers for Alleged Infringement of Copyright and Trade Mark.

Samuel L. Clemens has instituted an action in the United States Circuit Court against Butler Brothers, publishers of this city and Chicago. The action is brought through Augustus T. Gurlitz, who is also counsel for Rudyard Kipling, in a suit against R. F. Fenno & Co., publishers of this city, on alleged infringement of trade mark and copyright. Mr. Clemens recently appeared as a witness for the plaintiff in this case and expressed the view that trade marks ought to be respected, and that there is no difference between counterfeiting a label on a book, a box of blacking, or a bottle of whisky.

As it now stands Mark Twain’s action consists merely in a summons requiring the defendants to appear in an action brought against them for damages for violation of copyrights according to the provisions of Sections 4,952 and 4,964 of the Revised Statutes of the United States. It is alleged that Butler Brothers have caused an infringement of trade mark or name in publishing certain books not by the plaintiff, but having as the principal part of their titles the words “Library of Wit and Humor by Mark Twain.” The summons states that damages may have been caused in the above described manner to the extent of $10,000.

Charles C. Lloyd, Vice President and Treasurer of the Butler Brothers’ concern when seen yesterday afternoon, expressed great surprise at the action.

“We buy the book from Thomas & Thomas, publishers, of Chicago,” he said. “on the title page of the book you can see it states ‘Copyrighted, 1883, by L. W. Yaggy. Copyrighted, 1898, by Star Publishing Company.’ This perfectly satisfied us when we thought of handling the book. There may be an infringement. If there is we are entirely ignorant of the fact. The sales of the book thus far have amounted to just $80.”

Mr. Gurlitz, when seen, produced a copy of the book which brought about the suit and pointed out that it was almost identical in appearance with a book published by his client under the title of “Library of Wit and Humor.” The name “Mark Twain” is brought out in large gilt letters, while the words “and others” are much smaller and in black lettering, which does not show plainly on the green cloth binding. Mr. Gurlitz said he would decide within a day or two whether he would bring suit against other publishers.

Mrs. E.B. Koller wrote from 341 W. 58th Street, N.Y.C. to Sam; this letter not extant but referred to as received on Mar. 28 [Mar 28 to McQuiston]. Note: also referred to in the following NB entry:

Sam’s notebook: “Mrs. Koller, 341 W 58th 10.30 Perhaps Bigelow” [NB 44 TS 7]. See Mar. 28.

March 27 ca. – At 1410 W. 10th in N.Y.C., Sam forwarded Gurlitz’s Mar. 25 request for copies of books to Frank Bliss, informing Bliss that Gurlitz was his “attorney in the piracy suit” [MTP].