The Masonite Corp.

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

IN THE J\1:ATTER OF THE 1ASONITE CORP.

MODU' IED ORDER TO CEASE AND DESIST Docket 26Ll. OJ"der, A'ltg. , 1951 Order modifying original order of November 6, 1837 25 F. T. C. 1320, so as torequire respondent, in connel'ioll with the offer, etc. of its wall board and wall covering in commerce, to cease and desist from the use of the words l'emprtie " or "tile" as below set forth and subject to the qualifications therein stated.

Defore Mr. Charles F. Diggs, Mr. John J. Keenan and Mr. John L. Horne?' trial examiners.

111r. Morton Nesmith and Mr. George i1. Martin for the Commission. Dylce Schaines of New York City, andlJh. David W. Knight of Chicago, 111., for respondents.

Hines, Rearick, Door Hammond of New York City, for Tile J\Ianufacturers' Association, Inc., amiclls curiae. 110DIFIED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint OT the Commission, the answer of respondent, testimony and other evidence in support of the allegations of the complaint and in opposition thereto taken before a trial examiner of the Commission theretofore duly designated by it, no briefs being filed and oral argument not having been requested, and the Commission, having made its findings as to the facts and its conclusion that said respondent had violated the provisions of the Federal Trade Commission Act, on November 6 1937, issued and subsequently served upon the respondent said findings as to the facts, conclusion, and its order to cease and desist.

Thereafter, purguant to a motion filed by counsel in support of the complaint and agreed to by respondent, the Commission reconsidered the matter, and being of the opinion that its order to ceage and desist issued on November 6, 1937, should be modified in certain respects:

It is ordered That the respondent, The Masonite Corp., a corporation, its offcers, representatives, agents and employees in connection with the offering for sale, sale and distribution of its wallboard and wall covering in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing:

, THE M.'\SOXITE CORP, Order Directly or indirectly, by the use or the words "Temprtile " or tile that its products are "tile " unless either the true composition or said' products or the fact that they are not ceramic products is plainly disclosed.

It i8 further O1'dered That the respondent named above shall, within sixty (60) days after service upon it of this order, fie with the Commission a report in writing setting forth in detail the manner and rorm. in which it has complied with this order.

No-.fE, In the original order, respondent, its offcers, eic., were required to cease and desist from representing in connection \with the offer, etc., of its said products (made from wood chips and other substances, through a process which resulted in a hard, uUl'able sheeting upon ".hiell were SCOrf d or stamped squares, which, when painteu or lacquered hy others, resembled the mortar lines UpOll completely installed ceramic surface)- 1. Directly or indirectly, by the use of the words l'emprtie ' or 'tie' that its products are 'tile' unless in immediate conjunction with the words 'Temprtile' 01' 'tile' wherever used, in the same conspicuous type, there appear a \Vordi or words designating the material or substance of which the products are made,. such as \vood tie, glass tile, rubber tie, asbestos tie, COPl1€r the, cork tie" or metal tile.

213840--54-- Syllabus 48 F. T. C.