T. E. Brooks & Co

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

IN THE ~latter OF 1\ E. BROOKS, DOING BUSINESS AS T. E. BROOKS & COMPANY MODIFYING CEASE AND DESIST ORDER Docket 1U!. Order, September1· 28, 1939 Order modifying on Commission motion prior cease and desist order entered against said respondent in Docket 1442, March 14, 1932, 16 F. T. C. 81, so ns to prohibit, as below set forth, use of word "Havana" in connection with offer, sale, and distribution of cigars. Mr. Jlarshall .Uorgan for the Commission. l\IoniFIED OnoEn TO CEASE AND DESIST This proceed.ing having been heard by the Federal Trade Comlllission upon the motion of Richard P. Whiteley, Assistant Chief Counsel for the Comm.ission to modify the order to cease and desist heretofore issued in this proceeding on l\Iarch 14, 1932, and the Commission having considered said motion and the record herein~ and being now fully advised in the premises. It i..~ ordered, That the motion to modify the order to cease and desist, as issued herein on l\Iarch 14, 1932, be, and the same hereby is, granted as prayed;

It u further ordered, That the order to cease and desist issued herein on March 14, 1932, be, and. the same hereby is, modified so as to read as follows :

This proceeding having been heard by the Federal Trade Comll"llission upon the entire record, including the complaint of the Commission, and the answer of respondent thereto, the stipulation as to the facts agreed upon and approved; and the Commission having made. its findings as to the facts with its conclusion that said respondent has been, and is, violating the provisions of section 5 of the act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and d nties, and for other purposes";

It is now ordered, That respondent T. E. Brooks, uoing business under the trade name and style, T. E. Brooks & Co., his agents, inuividnal or corporate, representatives, servants, employees, and successors in business, on and after 2 years and 30 days from August 10, 1939, in connection with the offering for sale, sale, and distri- Order 29F.T. C.

bution of cigars in commerce, as commerce is defined in the Federal Trade Commission Act, do cease and desist from: Using the word· "Havana" ·or any other word or words, terms or picturization indicative of Cuban origin, or descriptive of Cuba, alone or in conjunction with any other word or words to describe, designate, or in any way to refer to cigars which are not made entirely from tobacco grown on the Island of Cuba. ll is further o?'dered, That within the period of 2 years and 30 days from August 10, 1939, the respondent T. E. Brooks, doing busi· ness under the trade name and style, T. E. Brooks & Co., be, and is hereby directed and ordered to file with the Federal Trade Commission a report in writing setting forth with particularity the manner in which he has complied with the terms of this order. INTERN ATIOX AL USIVERSITY OF COMMERCE ET AL. 1053 Syllabus