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The respondents further allegedly represent that certain of their rugs are reproductions and copies, except as to material, of true Oriental, Chinese Oriental, and Indian “Numdah” rugs, when in truth such rugs merely simulate them in appearance.
The complaint further charges that the respondents, by naming certain of their rugs “Chatham,” “Dixie,” “New Cape Colony” and “Old Cabin,” represent that such products were made in the United States, when in truth they are of foreign origin.
Further alleged misrepresentations made by the respondents are that certain of the rugs sold by them were manufactured by the Masterkraft Guild Weavers, Inc.; that the Masterkraft Guild Weavers, Inc., is an association of weavers established for mutual aid in carrying out a common purpose; that certain of their rugs have been approved and accepted by a disinterested, independent agency qualified to pass judgment on such matters, and through use of the name “Wool-Tex,” that other of their rugs are com¬ posed wholly of wool. (4237)
01(1 Colony Knitting Mills, Inc. — See Maine Spinning Com¬ pany.
Parr Sales Company — Mitchell F. Brice, trading as Parr Sales Company, Vidalia, Ga., buying agent in the purchase of general merchandise, particularly foodstuffs, on behalf of the TannerBrice Company, Inc., is charged in a complaint with violation of the brokerage paragraph of the Robinson-Patman Act. Mitchell F. Brice allegedly owns and controls 83 per cent of the out¬ standing capital stock, and actively manages and conducts the business of the Tanner-Brice Company, Inc.
According to the complaint, Tanner-Brice Company, Inc., places orders for its merchandise with sellers through the Parr Sales Company. Since June 19, 1936, the Parr Sales Company has accepted from the sellers brokerage fees and commissions which represented a certain percentage (usually from 2)4 per cent to 5 per cent) of the sales prices of such purchases.
It is charged in the complaint that the payment of brokerage fees and commissions by sellers to the respondent Mitchell F. Brice as a member of the brokerage firm trading as the PanSales Company, and the acceptance of such brokerage fees and commissions by the respondent upon the purchases of the TannerBrice Company, Inc., is in violation of subsection (c) of Section 2 of the Clayton Act as amended by the Robinson-Patman Act. (4233)
Stetson Felt Mills — Meyer Dorfman and Arthur Cohler, trad¬ ing as Stetson Felt Mills, 223 East 4th St., St. Paul, Minn., are charged in a complaint with the dissemination of misleading repre¬ sentations in the sale of felt rugs and felt pillows.
According to the complaint, the respondents misleadingly repre¬ sent that they are affiliated with the John B. Stetson Company of Philadelphia and that their rugs and pillows are made from felt trimmings obtained from this widely known felt hat manu¬ facturing concern.
The respondents further allegedly misrepresent that their rugs and pillows are fire-proof; that they are hand-made; and that the rugs and pillows shipped to purchasers will be of the grade and quality of the samples displayed.
It is further charged in the complaint that the respondents and their salesmen have adopted the practice of “padding” orders given them orally by purchasers by stating in the written order blank a quantity of goods greatly in excess of that actually contracted for by a particular purchaser, and then have attempted to col¬ lect larger sums of money than such purchasers originally agreed to pay, by threats to sue and other forms of intimidation. (4234)
Wood & Hyde Company, Gloversville, N. Y., is charged in a complaint with the dissemination of misleading representations in the sale of capeskin and cabretta glove leathers.
According to the complaint, the respondent company specializes in the tanning and manufacture of capeskin and cabretta glove leathers produced from sheepskins and sells the skins to various glove manufacturers. Formerly capeskin and cabretta leathers, the complaint alleges, due to the inferior methods of processing and tanning, had a heavy and coarse appearance, but about five years ago, the respondent began tanning such skins by an im¬ proved and secret process which produces a leather so similar in appearance to that of kid that only experts can distinguish gloves made of such leather from those made of genuine kid,
4538 — August 23, 1940
Each piece of leather sold and shipped to a glove manufacturer allegedly bears the label “KinKid”, and glove manufacturers using the respondent’s glove leathers are supplied with KinKid transfer stamps to be used in stamping the name “KinKid” on the inside of gloves manufactured from such products. It is further charged that KinKid leathers and gloves are marketed with no indication that they are produced from sheepskins and are not true kidskins.
The complaint alleges that the use of the trade name “KinKid” by the respondent in describing its leathers and gloves produced from the skins of sheep misleads the consuming public into the erroneous belief that such gloves are made from genuine kidskin. (4235)
STIPULATIONS
Following stipulations have been entered into by the Commission;
Anthony Brice — H. S. Bird, trading as Anthony Brice, 179 Sidney St., Cambridge, Mass., agrees to cease representing that his device known as “Vac-U-Massage Cup,” “Vacu-Bell No. 1” and “Vac-Bell No. 2,” enables one to massage all parts of the scalp ; is a competent remedy or effective treatment for baldness or falling hair; has any therapeutic value in excess of a massage medium resulting in increased cutaneous circulation, or aids in the removal of surplus fat from the body. (02621)
Bridgewater Workers Cooperative Association, Inc., Bridgewater, Mass., has entered into a stipulation in which it agrees to discontinue certain representations in the sale of shoes to can¬ cellation shoe stores.
The respondent agrees to cease designating its product with the name or private brand of well-known advertised products of shoe manufacturers or shoe dealers so as to convey the belief to pur¬ chasers that the product is in fact such a well-known advertised article.
The respondent further stipulates that it will discontinue use of the words “Lord Kent English Custom Shoes” as descriptive of domestically made, machine-manufactured shoes so as to imply that they are of English make or are English custom shoes; from use of the words “Slater’s Bench Made” as descriptive of machinemade products; and from use of the words “J. W. Stetson Quality Shoes” or the word “Stetson” so as to convey the belief to pur¬ chasers that its shoes are products made by or for or in accordance with the standards and specifications of the Stetson Shoe Co., Inc.
It was also stipulated by the respondent that it will desist from use of a price figure, the amount of which purports to be the retail selling price of shoes, when in fact, such indicated retail selling price is fictitious or much in excess of the price customarily asked for the shoes in the usual course of retail trade. (2906)
El Dorado Hatchery — J. M. Atkinson, trading as El Dorado Hatchery, El Dorado Springs, Mo., agrees to desist from stating directly or by implication, that chicks w'hich are lost within 14 days after delivery will be replaced without cost to the purchaser, when such is not the fact. (02622)
Embassy-Fairfax Dairy, Inc., 530 Seventh St., S. E., Wash¬ ington, D. C., agrees to cease using the word “Guernsey” either alone or in connection with the word “milk” so as to imply that their product has been obtained exclusively from Guernsey cows. If, according to the stipulation, its product is composed in sub¬ stantial part of milk obtained from Guernsey cows and in part of milk obtained from other cows, and the word “Guernsey” is used, then the fact that such milk is composed in part of milk obtained from other than Guernsey cows shall be made to appear conspicuously. (2905)
James & Harwell, Iiie., 1513 Chapman St., Houston, Tex., agrees to cease representing that polished rice is without substantial food value; that the nutritional value of its Uncle Ben’s Rice is far superior to that of polished rice and contains all necessary food properties; that the nutritive elements of Uncle Ben’s Rice are more nearly those of brown than polished rice, and that due to “Natural Milling,” its rice has more nourishment. (02617)