The Parker Pen Co.

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

In THE Martrer oF THE PARKER PEN CO.

MODIFIED CEASE AND DESIST ORDER Docket 4338. Order, Feb. 9, 1948 Order, in accordance with decree below referred to, in proceeding in question in which original order issued on May 3, 1945, 40 F. T. C. 547, and in which the Circuit Court of Appeals for the Seventh Circuit, on December 17, 1946, in The Parker Pen Oo. v. Federal Trade Commission, 159 F. (2d) 509, 43 F. T. C. 1190, rendered its opinion, and on June 6, 1947, issued its final decree modifying said cease and desist order— Requiring respondent, its officers, etc., in connection with the offer, etc., of its fountain pens in commerce, to cease and desist from— (1) Using the words ‘Guaranteed for Life,” ete., to designate, describe, or refer to its pens, or otherwise representing that such pens are unconditionally guaranteed for life, unless it does in fact make, without expense to the owner, any repairs or replacements which may be necessitated during the life of the owner by any cause other than willful damage or abuse; (2) Representing, etc., that its pens are unconditionally guaranteed for any designated period of time, subject to similar qualifications; (3) Representing that its pens contain fourteen less parts than other self-filling fountain pens, etc.;

(4) Representing that the points on its pens are scratch-proof; or, as amended, as above set out, . (5) Representing that its pens are guaranteed for life, or other designated period of time, where a charge is imposed by respondent for servicing said pens or for parts, unless the terms of limitation of the guarantee as imposed by respondent from time to time, including the amount of any charge that may be made, are placed close to the words “Guaranteed for Life,” “Life Guaranteed,” “Guaranteed Life Contract,” “Life Contract Guaranteed,” or any word or words of similar import, and in print of the same size as the other regular printed matter in its advertisements.

Before Mr. Andrew B. Duvall, trial examiner. Mr. Karl Stecher for the Commission.

Jeffris, Mouat, Oestreich, Wood & Cunningham, of Janesville, Wis., for respondent.

MODIFIED ORDER TO CEASE AND DESIST This day this proceeding came on again to be heard on the cease and desist order entered herein on the 3d day of May 1945; on the final decree of the United States Circuit Court of Appeals for the Seventh Circuit handed down on the 6th day of June 1947 modifying the aforesaid cease and desist order; and the Commission this day having modified its former cease and desist order in conformity with and as directed by the said court;

536 FEDERAL: TRADE COMMISSION DECISIONS Order 44F.T.C.

Now, therefore, the Commission issues this, its modified order to cease and desist:

It is ordered, That the respondent, The Parker Pen Co., a corporation, and its officers, agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of respondent’s fountain pens in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Using the words “Guaranteed for Life,” “Life Guaranteed,” “Guaranteed Life Contract,” “Life Contract Guarantee,” or any word or words of similar import, alone or in conjunction with any other word or words, to designate, describe, or refer to respondent’s pens, or otherwise representing, directly or by implication, that such pens are unconditionally guaranteed for life, unless respondent does in fact make, without expense to the owner, any repairs or replacement of parts which may be necessitated during the life of the owner by any cause other than willful damage or abuse.

2. Representing, directly or by implication, that respondent’s pens are unconditionally guaranteed for any designated period of time, unless respondent does in fact make, without expense to the owner, any repairs or replacement of parts which may be necessitated during such designated period by any cause other than willful damage or abuse.

3. Representing, directly or by implication, that respondent’s pens contain fourteen less parts than other self-filling fountain pens; or that respondent’s pens contain any smaller number of parts than other pens, when such is not the fact.

4, Representing, directly or by implication, that the points on respondent’s pens are “Scratchproof.” ; 5. Representing that its pens are guaranteed for life, or other designated period of time, where a charge is imposed by respondent for servicing said pens or for parts, unless the terms of limitation of the guaranty as imposed by respondent from time to time, including the amount of any charge that may be made, are placed close to the words “Guaranteed for Life,” “Life Guaranteed,” “Guaranteed Life Contract,” “Life Contract Guaranteed,” or any word or words of similar import, and in print of the same size as the other regular printed matter in its advertisements.

It is further ordered, That the respondent shall, within thirty (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.

EUNICE MAIL ORDER HOUSE 537 Syllabus