Samuel Brier & Co

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF SAMUEL BRIER, DOING BUSINESS AS SAMUEL BRIER & CO.

~COMPLAINT AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. IS OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 1!091. Complaint, Mar. 1!9, l:JSS-Order, June 8, 1938 Consent order requiring respondent Individual, in connection with sale or offer In interstate commerce of lu~r,age, to cease and desist "from labeling, stampin;!, or otherwise advertising luggage manufactured In whole or in part fr,)DJ split seal or seal splits as 'seal' or 'genuine seal' or tn any manner inuicating that the material used in the manufacture is other than seal splits or split seal."

Mr. Alfred M. Craven for the Commission.

Bender & Rubin, of Philadelphia, Pa., for respondent. Complaint Acting in· the public interest pursuant to the provisions of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", the Federal Trade Commission charges that Samuel Brier, hereinafter referred to as respondent, has been and is using unfair methods of competition in interstate commerce in violation of the provisions of section 5 of said act and states its charges in that respect as follows:

PARAGRAPII 1. The respondent is now and has been for several years last past engaged at the city of Philadelphia, Pa., under the name of Samuel Brier & Co., in the business of manufacturing and selling in interstate commerce to jobbers and retail dealers throughout the United States handbags, suitcases, and other luggage. He causes said merchandise when sold to be shipped in interstate commerce from his said place of business at Philadelphia into and through other States of the United States to the purchasers thereof at their respective points of location. In the course and conduct of his business respondent is and has been in competition with many other persons, firms, and corporations located in the United States engaged in the manufacture and sale in interstate commerce of handbags, suitcases, and other luggage and in the shipment of same from their respective points of location to purchasers throughout the various States of the United States.

PAn. 2. Many of respondent's competitors mentioned in paragraph 1 hereof make and sell luggage manufactured from leather made Order 17F.T.C.

from the outside or topside of sealskin after same has been separated or split from the flesh side of the skin. Such leather is generally described by makers of luggage and generally known to manufacturers, dealers, and the purchasing public as "seal" or "genuine seal. 11 Until recently the flesh side of the sealskin has been by manufacturer:;~ of leather discarded as waste material. Such material is now used to some extent for the making of leather, which leather is ordinarily described in the trade as "split seal." It is verv much inferior in quality, durability, and price to "seal'~ or "genuine seal" as described in this paragraph.

PAR. 3. Respondent among other merchandise manufactures and sells in the course of business described in paragraph 1 hereof luggage made from cardboard and wood over which is imposed as a covering the material mentioned in paragraph 2 hereof as split seal, which material is treated, embossed, and finished by said respondent so as to imitate the leather known as seal or genuine seal as described in paragraph 2 hereof. Respondent by means of stamps and tags affixed to said luggage made of split seal describes said luggage as being made of "genuine seal" Said description made on or attached to said luggage reaches the public through the retail merchants and is used by said merchants in advertising said spurious luggage and also in selling said spurious luggage to the public. PAR. 4. The said description and representation made by respondent as to his merchandise is false and fraudulent in that the material described is not genuine seal or seal in any sense as the terms seal and genuine seal are commonly understood by the purchasing public. The use of said description and representation has the capacity and tendency to deceive the purchasing public and to induce purchasers to buy the luggage thus described in and on account of a belief that the said luggage is made of genuine sealskin. The said false branding and description also have the capacity and tendency unfairly to divert and do divert trade from respondent's competitors to the respondent.

PAR. 5. The above alleged acts and things done by respondent are all to the prejudice of the public and of respondent's competitors and constitute unfair methods of competition in commerce within the intent and meaning of section 5 of an act of Congress entitled "An Act to create a Federal Trade Commission, to define its power;:; and duties, and for other purposes", approved September 26, 191!. ORDER TO CEASE AND DESIST Pursuant to the provisions of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Com- SAMUEL BRIER & CO. 337 335 Order mission, to define its powers and duties, and for other purposes" (38 Stat. 719), the Federal Trade Commission on the 3d of March, 1933, issued and thereafter served its complaint against the respondent, Samuel Brier, doing business as Samuel Brier & Co., charging him with the use of unfair methods of competition in commerce in violation of the provisions of said act. Respondent thereafter filed an answer to said complaint, which answer is in the following language, to wit:

The respondent, Samuel Brier, doing business as Samuel Brier & Co. for answer to the complaint of the Federal Trade Commission herein states- That respondent refrains from contesting this proceeding and consents that the Commission may make, enter, and serve upon respondent an order to cease and desist from the violation of the law alleged in the complaint.

Thereafter this proceeding came on regularly for disposition and decision by the Commission under subdivision 2 of Rule III of the Rules of Practice and Procedure adopted by the Commission, and the Commission being fully advised in the premises, It is orlk'l'fJd, That the respondent, Samuel Brier, in connection with the sale and offering for sale of luggage in interstate commerce between and among the several States of the United States and in the District of Columbia do cease and desist from labeling, stamping, or otherwise advertising luggage manufactured in whole or in part from split seal or seal splits as " seal " or " genuine seal " or in any manner indicating that the material used in the manufacture is other than seal splits or split seal.

Syllabus 17F.T.O.