Posted by Adam Mossoff, guest-blogging:
The Sewing Machine Combination -- A Fountainhead of Innovation:
http://volokh.com/archives/archive_2009_05_03-2009_05_09.shtml#1241239478


   In this last of the purely historical posts, I'll discuss the success
   of the Sewing Machine Combination, not just in ending the Sewing
   Machine War but also in serving as a fountainhead for further
   innovation by its members.

   Altough the Sewing Machine Combination was repeatedly attacked in
   court and in the popular press as a �grinding, pitiless monopoly� that
   engaged in �oppressive conduct,� it served a vital commercial function
   beyond simply resolving the Sewing Machine War. Even more important,
   it freed the sewing machine manufacturers to get down to the business
   of making and selling sewing machines. This was especially true with
   respect to Singer, who found motivation for his business acumen in
   �the dimes, not the invention.� Thus, he and his business partner,
   Edward Clark, were able to use the legal and commercial freedom
   secured to them by the Combination to create and to profit from
   several innovative marketing and business strategies.

   First, Singer recognized very early on that the success of the sewing
   machine was predicated on his convincing the public that his new
   sewing machine was not merely a repeat of the past failures of prior
   inventors. He thus pioneered mass marketing and advertising; in
   essence, he was the nineteenth-century equivalent of Billy Mays and
   the "as seen on TV" approach to advertising. One historian has noted
   that, at that time, Singer's mass marketing techniques represented an
   entirely �new concept of selling.� This entailed a concerted and
   sustained marketing campaign directed to bringing his sewing machine
   to the public�s attention and to convincing them of its practical
   virtues. He traveled the country, giving free demonstrations at fairs,
   carnivals, and in rented halls. In addition to these free
   demonstrations, he performed renditions of Thomas Hood�s [1]Song of
   the Shirt, reminding his audiences of the toils from which
   seamstresses would be freed by his new invention.

   But Singer also recognized that he had to do more than just sell the
   public on the practicality of his sewing machine, he also had to
   address the prejudice that women were incapable of working machinery,
   or, if they could, that it was improper and unwomanly for them to do
   so. Driven by his own pursuit of fortune, and thus setting aside
   [2]his own personal bigotry, Singer hired women to demonstrate his
   sewing machine, as well as teach other women how to use it. One of
   I.M. Singer & Co.�s first employees was Augusta Eliza Brown, who was
   hired in 1852 for solely these purposes.

   Demonstrations of the sewing machine by Ms. Eliza and other women not
   only disproved the widespread belief that women could not work
   machines, they also played an important role in Singer�s new concept
   of splashy, eye-catching marketing. In 1852, Edward Clark wrote to a
   company agent that �we have got possession of a front window under our
   office [in Boston] at the moderate rent of one thousand dollars a
   year, and a nice little girl is operating a machine in it, to the
   great entertainment of the crowd.�

   In addition to his innovative marketing campaign, Singer and Clark
   also pioneered novel business practices to increase the company�s
   sales and profits. A significant barrier to the widespread adoption
   and use of the Singer Sewing Machine was its price: It cost $125,
   which may not seem like much today, but in the 1850s, the average
   American family earned less than $500 per year. In response to this
   problem, Clark invented a new business method for selling their sewing
   machines: the installment-purchase program. The company�s newspaper,
   the I.M. Singer & Co. Gazette, explained the purpose of Clark�s
   rent-to-own sales program:

     Why not rent a sewing machine to the housewife and apply the rental
     fee to the purchase price of the machine? Her husband cannot accuse
     her of running him into debt since he is merely hiring or renting
     the machine and under no obligation to buy. Yet at the end of the
     period of the lease, he will own a sewing machine for the money.

   This was the first such installment-purchase program in American
   history, and it was a brilliant solution to the price problem in
   selling Singer Sewing Machines. In combination with Singer�s novel
   marketing schemes, this program should have had a tremendous impact on
   I.M. Singer & Co.�s bottom line. It did indeed have an impact,
   tripling the sales of Singer Sewing Machines from 1855 to 1856, but
   such successes were tempered by the massive expenses imposed on the
   company by the now-raging Sewing Machine War. Sales of Singer Sewing
   Machines were dismal from 1853 to 1855, which, in comparison to the
   explosion in its sales following the formation of the Sewing Machine
   Combination in 1856, is perhaps a result of the uncertainty
   surrounding the Singer Sewing Machine caused by the legal dispute
   between Singer and Howe, and then the start of the full-scale Sewing
   Machine War in 1854.

   Following Potter�s creation of the Sewing Machine Combination in
   November 1856, Singer and Clark�s innovative efforts at
   commercializing their patented invention began to realize their full
   potential. In fact, the year after the Combination was created, Clark
   invented another new business method to further secure I.M. Singer &
   Co.�s place in the soon-to-be exploding sewing machine market: he
   conceived of a trade-in plan in which I.M. Singer & Co. would accept
   any older version of a Singer Sewing Machine, or any competitor�s
   sewing machine, in exchange for a $50 credit toward a new Singer
   Sewing Machine. Again, this was a brilliant marketing stratagem, as it
   killed two birds with one stone for I.M. Singer & Co. First, it
   reduced the price of a new sewing machine, increasing overnight the
   number of purchasing consumers (and revealing an implicit
   understanding of elasticity of demand on the part of Clark). Second,
   it effectively prevented the rise of a second-hand market for used
   sewing machines that would compete with sales of new sewing machines.

   Singer and Clark�s innovation in both creating a sewing machine market
   and then securing I.M. Singer & Co.�s place as a dominant firm within
   this new market is a palpable example of the commercialization
   benefits secured by property rights in patented inventions. With the
   end of the Sewing Machine War and the formation of the Sewing Machine
   Combination in 1856, I.M. Singer & Co. immediately began reaping the
   fruits of its labors. Despite the severe economic recession of 1857,
   the members of the Combination flourished, including I.M. Singer &
   Co., whose sales almost doubled from 1857 to 1858. And, despite the
   tremendous economic and political tumult of the Civil War, sewing
   machine manufacturers continued to experience tremendous sales growth,
   helped in part by the fact that their machines were clothing Union
   soldiers. During the war, I.M. Singer & Co., which was renamed the
   Singer Manufacturing Company in 1863 (see the postscript below for an
   explanation of this), watched its sales grow each year from 16,000
   machines in 1860 to 23,632 in 1864.

   As a result of its constant focus on innovation, made possible by its
   patented inventions and its participation in the Sewing Machine
   Combination, the Singer Manufacturing Co. eventually overtook Wheeler,
   Wilson & Co. in 1867 as the top-selling sewing machine firm. By 1876,
   the Sewing Machine Combination�s records reveal that the Singer
   Manufacturing Co. sold more than double the number of sewing machines
   than that of its closest competition. When the Sewing Machine
   Combination terminated in 1877, the Singer Manufacturing Co.�s sales
   accounted for more than half of the total sales of sewing machines,
   and the company controlled 75% of the world market for sewing
   machines. In sum, Singer and Clark�s commercial innovation, made
   possible by Singer�s patented improvements to the sewing machine, not
   only ensured the success of Singer Manufacturing Co., it was largely
   responsible for the success of the American sewing machine industry
   writ large. By all accounts, Singer�s company was the most successful
   sewing machine company, and it justifiably served as the public face
   of the Sewing Machine Combination.

   In my next couple posts, I will discuss some of the policy insights we
   may draw from this historical case study of the incremental invention
   of the sewing machine, the first patent thicket, the first "patent
   troll," and the first patent pool. In so doing, I'll also discuss and
   respond to some of the issues raised by commentators over the past
   week.

   POSTSCRIPT: Some readers may be wondering about the 1863 name change
   of I.M. Singer & Co., to the Singer Manufacturing Co. This was a
   result of Singer�s characteristic intemperate nature -- and his
   polygamy. After forming their business partnership in 1851, Clark and
   Singer worked very well together until 1860, when a public scandal
   erupted after one of Singer�s wives, Mary Sponsler, discovered Singer
   with one of his other wives, Mary McGonigal, in the middle of Fifth
   Avenue in New York City. Following this confrontation, Singer nearly
   choked Mary Sponsler to death, and he then fled to Europe for a brief
   respite from the public uproar. He eventually returned in 1863 to
   marry another woman, Isabella Boyer. Clark was of high birth and he
   could not abide by such behavior. Following Singer�s return in 1863,
   they formally dissolved the I.M. Singer & Co. partnership. Clark then
   incorporated the Singer Manufacturing Company, with Clark in control
   of the company and its assets and Singer receiving guaranteed income
   from his ownership of 40% of the stock.

References

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