NAB reports (1936)

a representation of a bell; Edison Radio Stores, Inc.; Bell, Beil with a representation of a bell; Victor, Victor Interna¬ tional; Majestic, Majestic International, Majestic Radio Cor¬ poration; Brunswick (Bronswick, a colorable imitation of the name Brunswick); RCA and (RCI, RSA, colorable imitations of the letters RCA) ; EB (a colorable imitation of the letters GE) standing alone or stamped upon the representation of a bell. According to the amended and supplemental complaint, the practices of the respondents give to their products a salability they would not otherwise have, give the respondents an advantage over competitors who do not similarly misrepresent the origin of their goods, and result in the appropriation of the reputation and good will built up by competitors. In December, 1935, the original complaint was issued in this case against King Trading Corporation, 51 Vesey St., New York City. In the amended and supplemental complaint, besides King Trading Corporation, the other respondent manufacturers and assemblers of radio products, and their officers, are: Royal Radio Company, Inc., 168 Washington St.; Metro Manufacturing Com¬ pany, Inc., 142 Liberty St.; Metro Radio Corporation, 217 West 125th St.; Metro Sales Company, Inc., 122 Cypress St., and Pyra¬ mid Distributors, Inc., 125 Prince St., all of New York City, and their officers, Murray Auerbach, Regina Gadol, George Levine, A. M. Frank, Max Scafford, and David Morrison. Dealers in radio products, and their officers, listed as respondents, are: Harvard Radio Tube Testing Stations of Pennsylvania, Inc., 208 North Broad St., Philadelphia, and Julius M. Schoenberg, president; Ross Distributing Company, 2020 Chancellor St., Phila¬ delphia, and Larry B. Ross, president; Sun Radio and Service Supply Corporation, 938 F St., and Emanuel Rosensweig, president, (this respondent has entered into a stipulation with the Commis¬ sion to discontinue use of the word “Majestic,” either alone or with the word “International,” on the radio sets it sells, in advertising matter or in any manner to imply that its radio sets so marked are manufactured by Grigsby-Grunow Company, when such is not the fact) ; Schiller Brothers, Inc., 922 F St., and Louis S. Schil¬ ler, president; Peter Robbins, 940 F St., trading as Robbins Radio Company and Ambassador Radio Company, and F. C. Scruggs, 636 H St., N. E., trading as Call Radio Company, all of Wash¬ ington, D. C. The respondent corporations, and their officers, who are engaged in the manufacture and sale of name plates and escutcheons for use on the radio products sold by the other respondents, are: Metal Etching Corporation, 1001 Essex St., Brooklyn, N. Y., and M. Hermann, president; Etched Products Corporation, 3901 Queens Blvd., Long Island City, N. Y., and Albert Nierenberg and Walter H. Miller, officers; Electro Chemical and Engraving Company, 1100 Brook Ave., Bronx, New York City, and F. E. Switzer, N. L. Jacobus, Robert Schlesinger, Julius Erdoes and L. S. South wick, officers; Premier Metal Etching Company, 2103 44th Ave., Long Island City, N. Y., and Herbert Pape, Carl J. Johnson, Ernest A. Rottach and Hugo Lehrfeld, officers; Crowe Nameplate and Manufacturing Company, 1749 Grace St., Chicago, and E. C. Coolidge and I. Robinson Smith, officers; American Emblem Com¬ pany, 22 East 40th St., New York City, and Paul B. Williams, Clarence S. C. Williams, James Eels, Fred B. King, and Edgar Denton, Jr., all of Utica, N. Y., officers. No. 2920. Unfair competition through use of a lottery scheme to promote the sale of candy is alleged in a complaint issued against Jerome C. C'laeys, trading as J. C. Claeys, 510 Leland Ave., South Bend, Ind. According to the complaints, sales of the respondent’s candy to the public are made by means of a push card, and whether a pur¬ chaser receives one or more bars of candy or a box of candy for the price of 5 cents is determined wholly by lot or chance. No. 2921. Selling ribbons and narrow fabrics in interstate commerce, Samuel Steckenberg and Abraham M. Fynke, trading as Colonial Ribbon Mills, 95 Madison Ave., New York City, are named respondents in a complaint charging them with unfair methods of competition through use of the word “Mills” in their firm name. The respondents are said to display their firm name conspicuously on invoices, letterheads, and other business literature, and, the complaint alleges, the word “Mills,” when so used, serves as a representation to the buying public that the respondents own or operate mills where their products are manufactured. According to the complaint, the respondents do not own or operate mills for the manufacture of ribbons and narrow fabrics, nor are they manufacturers as the term is understood generally by the trade and the purchasing public, but are engaged solely in distributing and selling products made from raw materials by others. No. 2922. Charging unfair competition in the sale of silk and rayon piece goods, a complaint has been issued against the Group Sales Corporation, 215 W. 39th St., New York City. This company is alleged to have sold products as “name goods,” meaning materials of generally recognized merit and quality, made and nationally advertised by manufacturing concerns of well estab¬ lished reputation, when in fact a substantial part of this mer¬ chandise consisted of material other than “name goods.” The complaint also charges that a substantial portion of the respondent company’s merchandise was not obtained direct from manufac¬ turers but from other jobbers and garment makers. According to the complaint, material was advertised by the re¬ spondent company as new, up-to-the-minute, stylish, and season¬ able, when in fact a substantial part of it was composed of “sec¬ onds” or “left-overs” from garment manufacturers’ goods. No. 2923. Unfair competition in the sale of felt caps is alleged in complaint against M. & J. Becker, Inc., 2961 Atlantic Ave., Brooklyn, N. Y. According to the complaint, baseball caps made from second-hand or discarded felts were renovated by the respondent company or others and refitted with new sweat bands and trimmings, then sold to wholesalers for ultimate distribution to the public. These caps are said to have had the appearance of caps which had never been worn, and were not labeled so as to indicate that they were, in fact, second-hand caps made over. This practice is alleged to have had a tendency of deceiving buyers into believing that in purchasing such caps they were ob¬ taining new and unused caps made from new felt. No. 2924. Misrepresentation of the nature, merit and value of cleaning fluids is alleged in a complaint issued against Joseph Lewin, trading as Leev-No-Ring Chemical Co., 207 W. 1 7th, New York City. On labels and in advertising circulars and folders, the respondent allegedly features the words “Leev-No-Ring” and makes repre¬ sentations having the tendency to cause purchasers to believe that his products can be used safely and will remove all grease spots instantly without injury to the most delicate fabrics, and that they will not leave a ring in any instance. The complaint charges that the respondent’s cleaning fluids, when used on fabrics dyed with non-fast or fugitive dyes, do affect the colors, causing them to run, and do leave rings. Stipulations and Orders The Commission has issued the following cease and desist orders and stipulations: No. 01447. A. T. Allen, 1318 W. Nora Ave., Spokane, Wash., trading as A-l Remedies Company, stipulates that he will cease advertising that his “A-l Remedy” is a competent treatment for rheumatism, neuritis, sciatica, or arthritis, unless such repre¬ sentations are limited to the relief of pain resulting from the con¬ ditions referred to, and that permanent results may be expected from the use of his preparation. No. 01448. Health Products Corporation, 113 N. 13th St., Newark, N. J., engaged in the sale of a poultry medicine desig¬ nated “Clo-Trate,” will cease making claims that poultry needs more vitamin A than is supplied by certain vegetables or that the average poultry ration needs an addition of vitamin A, unless such representations are limited to poultry raised in strict con¬ finement, semi-confinement or under seasonal, climatic or other conditions that would prevent poultry from obtaining food con¬ taining a sufficient amount of vitamin A. Other claims the respondent corporation will discontinue are that its product is beneficial in treating colds, roup, bronchitis and other poultry ailments, unless it is clearly represented that the benefits claimed will obtain only when there is a sub-optimal supply of vitamin A, and that the product will remain stable in vitamin A in all types of feed for long periods of time. The re¬ spondent corporation also will stop representating, by use of photo¬ graphs, charts, or graphs, that the benefits indicated by the results of experimental tests may be expected from use of the product, unless in the tests the experimental groups and the control groups are each fed a normal or average poultry ration. No. 01451. Sharp and Dohme, Philadelphia, agrees that in the sale of “Digitol” it will discontinue representing that the product is an instrument of precision for the digitalization of pa¬ tients, that it is more free of inert matter than tincture of digitalis U.S.P. X, and that with “Digitol” “you can standardize your digi¬ talis expectation.” No. 01452. Whitney’s, Inc., 12th and G Sts., N. W., Wash¬ ington, D. C., agrees to discontinue describing the furs from which its women’s coats and collars are made in any way other 1574