Bear Mill Manufacturing Co., Inc

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IN THE MA 'ITER OF BEAR MILL MANUFACTURING COMPANY, INC.

MODIFIED CEASE AND DESIST ORDER Docket 251'8. Order, Mar. 25, 19-W Modified order, pursuant to pro-risions of Section 5 (i) of Federal Trade Commission Act, in proceeding in question, in which original order issued on April 5, 1937, 24 F. T. C. 912, and in which Circuit Court of Appeals for the Second Circuit, on July 5, 1938, in B.ear Mill Manufacturing Comparny, Inc. v. Federal Trade Commission, 98 F. (2d) 67, 27 F. T. C. 1685, rendered its opinion and on July 26, 1938, issued its oruer modifying Commission order aforesaid ·in certain particulars and affirming same in certain other particulars- Requiring respondent, its officers, representatives, agents and employees, in connection with sale and distribution of cotton and rayon fabrics In Inter· state commerce, or in the District of Columbia, to forthwith cease and desist from representing through use of words "mills" or "manufacturing," as part of Its corporate or trade name, or In any other way that it manu· factues the product sold by it, until and unless it owns and operates, etc., as below provided, mill or factory in which such products are made and subject to permitted use of its corporate name, as below set forth, when words "Conrerters, Not Manufacturers ot' Textiles'" are appended thereto and used in connection therewith.

Modified ORDER TO Cease AND Desist This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on April 5, 1937 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 July 5, 1938, the United States Circuit Court of Appeals for the Second Circuit rendered its opinion and on July 26, 1938 issued its order modifying the aforesaid order of the Commission in certain particulars and affirming said order in other particulars. Now, therefore, Pursuant to the provisions of subsection (i) of section 5 qf the Federal Trade Commission Act, the Commission issues this its modified order to cease and desist in conformity with the said Court order:

It ia ordered, That the respondent, Bear Mill Manuf&<:.turing Co., I_nc., its officers, representatives, agents, and employees, in connec- ~Ion with the sale and distribution of cotton and rayon fabrics, in mterstate commerce or in the District of Columbin, do forthwith cease and desist from :

Order 30 l!~. T. C. Representing, directly or by implication, through the use of the words "mills" or "manufacturing," along or in conjunction with other words, as part of its corporate or trade name, or in any other manne.r, or through any other means or device, that it manufactures the product which it sells until and unless it actually owns and operates or directly and absolutely controls the mill or factory wherein such products are made; provided, howe1-•er, Respondent may continue to use its corporate name, llear .Mill Manufacturing Company, Inc., on its stationery, folders, labels, cartons and advertising when the words "Converters, Not Manufacturers of Textiles," are appended thereto and used in connection 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 anll form in which it has complied with this order.

HELEN ARDELLE, INC. 783 Order