Army & Navy trading Co

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IN THE MATI'ER OF ARMY AND NAVY TRADING COMPANY MODIFIED CEASE AND DESIST ORDER Docket 2285. Order, Mar. 13, 19W Mollified order, pursuant to provisions of Section G (i) of Federal Trade Commission Act, In proceeding in question, in which ( 1) original order issued on November 26, 1!.1'35, 21 F. T. C. 541, and In which (2) Court of Appeals for District of Columl!ia, on January 4, 1937, in Federal Trade Commission v. Army and Navy Trading Co., 88 F. (2d) 776, 24 F. T. C. 1001, rendered its opinion and issued its order modifying Commission's order in certain particulars and affirming same in certain particulars- Requiring, in view of said facts and further fact that more than two years have elapsed ~ince origiual order with proviso permitting, for said period, certain use of words "Formerly Army and Navy Trading Company," that respondent corporation cease and desist from using, in connection with its corporate name, words "Army and Navy" or either of them, and from advertising, as below in detail set forth, and subject to provisions therein stated, words "Army or Navy" as descriptive of or in connection with their merchandise. MooiFIED ORDER TO CEASE AND Desist This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on November 26, 1935, the Commission made its findings as to the facts herein and concluded therefrom that respondent had violated the provisions of Section 5 of the Federal Trade Commission Act and issued and subsequently served its order to cease and desist; and it further appearing that on January 4, 1937, the United States Court of Appeals for the District of Columbia rendered its opinion and issued its order modifying the aforesaid order of the Commission in certain particulars and affirming said order in other particulars; and it still further appearing that the aforesaid order to cease and desist issued by the Commission contained a proviso that for a period of 2 years from the date of the service thereof, the respondent was permitted to use in connection with such corporate or trade name as it might assume the words "Formerly Army and Navy Trading Company," and that more than 2 years have elapsed since the date of the service of the Commission's order to cease and desist. Now, therefo're, Pursuant to the provisions of subsection (i) of section 5 of the Federal Trade Commission Act, the Commission issues this its modified order to cease and desist in conformity with the said Court order :

2GOGOum-41-vol. :-I0--4u Order 30F. ·.r. C. It is now ordered, That the respondent Army and Navy Trading Company, in connection with the conduct of its mercantile establishment within the District of Columbia, cease and desist from: 1. Using in connection with its corporate name the words "Army and Navy" or either of them.

2. Advertising or causing to be advertised by means of radio broadcasts or in any circulars, trade journals, daily newspapers, or other periodicals the words "Army or Navy," or eitlwr of them, as descriptive of, or in connection with, any merchandise offered for sale or sold to the public, unless in fact such merchandise was actually procured, directly or indirectly, from the 'Var or Navy departments of the United States; provided, however, that the words "Army and Navy," or either of them, may be used as descriptive of particular lots of merchandise made for the 'Var or Navy departments, or according to Army and Navy specifications, if the origin and character of the particular lot of merchandise and its exact relation- ~hip to the Army or Navy is accurately specified and stated in type equally as conspicuous as the words "Army and Navy" and in immediate conjunction therewith.

It is further ordered, That the respondent shall, within 30 days after service upon it of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which it has complied with this order.

AMERICAN VENEER PACKAGE ASS'OCIATIOX, INC., ET AL. 665 Syllabus