Morris Kaplan & Son, Inc

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IN THE MATTER OF GIMBEL BROTHERS, INC., AND MORRIS KAPLAN & SON, INC.

l\IODil'IED CEASE AND DESIST ORDER Do(·J.:et 3364. Order, May 8, 19/,1 Modified order, pursuant to provisions of Section 5 (i) of l<'P<leral Trade Commission Act, and in nccot·dance with dect·ee bt•low set forth, in proceeding In question, in which original ordt>r is;;ued on Dec. 20, l!J3!l, 30 F. T. C. 328, and in which Circuit Court of Appeals fot· Second Circuit, on Jan. G, 1911, In Gimbel lJrothers, Inc. v. FcdemZ Trade Commission, 116 F. (2d) 578, rendered its opinion, and on Jan. 22 issued its final decree, affirming aforesaid order of Commission by modifying same In certain particulars- Requiring respondent, its officers, etc., in connection with offer, etc., in commerce, of textile fabrics, to forthwith cease and desist from (1) using word "wool" or "woolens," or other word or term de>:criptive of wool, to describe, etc., any fabric, etc., not composed wholly thereof, and subject to proviso set forth with respect to fabrics, etc., composed in part only thereof, and (2) representing in any manner that fabrics, etc., offered or sold by it contain wool in greater quantities than Is actually the case.

l\IooiFIF.D OnoF.R TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on December 29, 1939, the Commission made its findings as to the facts herein and concluded therefrom that the respondent Gimbel Bros., Inc., a corporation, 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 6, 19-U, the United States Circuit Court on Appeals for the Second Circuit rendered its opinion and on January 22, 1941, issued its final decree affirming the aforesaid order of the Commission by modifying said onler in certain particulars;

Now, therefore, Pursuant to the provisions of subsection (i) of section 5 of the FedHnl Trade Commission Act, the Commission issues this its modified order to pease and desist in conformity with the said decree:

It is ordered, That the respomlent Gimbel Bro:", Inc., its ollicers, r·representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of textile fabrics in commerce, as "commerce" is defined in the Fe1lernl Trade Commission Act, do forthwith cease and (~desist from:

1430 FEDE'RAL TRADE COMMISSION DECISIONS Order 32F. T. C.

1. Using the word "wool," or "woolens," or any other word or term descriptive of wool, to describe, designate, or in any way refer to any fabric or product which is not composed wholly of wool; provided, however, that in the case of fabrics or products composed in part of wool and in part of other fibers such words may be used as descriptive of the wool content, if there is used in immediate connection or conjunction therewith, in letters of at least equal size and conspicuousness, words truthfully describing and designating each constituent fiber or material there-of. 2. Representing in any manner whatsoever that fabrics or products offered for sale or sold by it contain wool in greater quantity than is actually the case.

It is further ordered, That the respondent Gimbel Bros., Inc., 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. It is further ordered, That the complaint be dismissed as to the J'respondent l\forris Kaplan & Son, Inc., a corporation. • EMPIRE MONUMENT CO • 1431 .Syllabus