Here’s a message from Brian Howard.
Back in February this year here at Howard Music we were asked if “Howard” flutes were available directly from us. As, at the time we did not make or supply flutes we were a little puzzled. Also a very good flute repairer, Stephen Howard (no relation, view his web site here) informed us that he had discovered a website advertising flutes and other woodwind instruments for sale under the “Howard” name.
Despite letters and phone calls to the company informing them that they would be using the name without permission, the instruments went on sale. We received complaints about the quality of the instruments and Trading Standards became involved. The company ceased selling these instruments under the “Howard” name in July 2008 and renamed the products.
The reason for relating this story is that there may be fake “Howard” flutes for sale second-hand.. For example an un-hallmarked “solid silver” flute that is not Howard or solid silver. Brian has a punch registered with the Punch Master at the Sheffield Assay office and a “Howard” silver flute could have caused us legal problems It is difficult to inform customers exactly what parts of a flute is silver and which parts are plated under UK law, you can only refer to the silver parts of a mixed material instrument as “a white metal” unless the other material is easily distinguished from the silver parts. (New legislation 2007). So that the Howard flute that went on sale in March cannot have been hallmarked because the base metal parts are not distinguishable from the silver parts as they are silver plated.
Any maker of traditional instruments who is making a name for him or herself should think of protecting that name. You can do this through the Intellectual Property Office in the UK. The fees are not too bad and if we, from the start of this dispute, had the protection of a registered trademark we could have saved much time and money.