A. A. 'Vyn, Inc.

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

IN THE ThIATTER OF A. A. 'VYN, INC., ET AL.

CONSENT ORDER: ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE C03BIISSION .ACT Docket 6/92. Compln.;nt, Mall 195" Decisio- , Nov. , 195" Consent order requiring book distributors in New York City to cease selling newly titled reprints without adequate disclosure of the titles under which the books were originally published.

Mr. John TV. Brookfield, Jr. supporting the. complaint. lth' erally N. TVansnel of New Yor1\:, N. : for respondents. INITL\L DECISION BY John LmVIS, l-IEAIUNG EXA3IINER The Federal Trade Commission issued its complaint against the above-named respondents on i\lny 13 , 19;')7, charging them with the use of unfair and deceptive acts and practices and unfair methods of competition, in commerce, in violation of the J; edernl Trade Commission Act, by failing to adequately disclose that certain pre'Tioll~ly published books, which were sold and distributell by respondents under new titles, are reprints of such original publications. After being served with said complaint respondents appeared by counsel and filed their answer thereto. Thereafter said respondents entered into an agreement, dated August 26, 1957: containing a consent order to cease and desist purporting to dispose. of all this proceeding as to all parties. Said agreement, which has been signed by all respondents, by counsel for said respondents, and by counsel supporting the complaint, and approved by the Director and Assistant Director of the Commission s Bureau of Litigation, has been subfor his considerationmitted to the above-named hearing examiner in accordance with Section 3.25 of the Commission s l~ules of Practice for Adjudicative Proceedings.

Respondents, pursuant to the aforesaid agreement, have admitted all the jurisdictional facts alleged in the complaint and agreed that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegabons. Said agreefurther proceduralment further provides that respondents waive any steps before the hearing examiner and the Commission, the making of findings of f~act or conclusion of law and all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with such agreement. It has been issued in accordance withaareed that the order to cease and desist 546 FEDERAL 'I'TRADE COMMISSION DECISIONS Orcler 54 F.

said agreement shall have the same force and effect as if entered after a full hearing and that the complaint may be used in construing the terms of said order. It has also been agreed that the record herein shall consist solely of the complaint and said agreement, and that said agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing consent order and it appearing that the order provided for in said agreement covers all the allegations of the complaint and provides for an appropriate disposition of this proceeding as to all parties, said agreement is hereby accepted and is ordered filed upon this decision becoming the decision of the Commission pursuant to Sections 3. and 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings, and the hearing examiner, accordingly, makes the following jurisdictional findings and order: 1. Respondent A. A. 'Yyn, Inc., is a corporation organized and doing business under and by virtue of the laws of the State of New York with its office and principal place of business located at 23 'Vest 47th Street, New York 36, New York. Respondent Aaron A. 'Vyn is President of corporate respondent A. A. 'Yyn, Inc., and respondent Rose 'Yyn is Secretary of said corporate respondent. Both the individual respondents have their place of business and office at the same address as that of the corporate respondent. The individual respondents formulate and direct the policies and practices of said corporate respondent and are responsible for the operation and management thereof.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under the Federal Trade Commission Act, and this proceeding is in the interest of the public.

ORDER It is ordered That the respondents A. A. 'Vyn, Inc., a corporation and its officers, and Aaron A. 'Vyn and Rose 'Yyn, individually and as officers of said corporation, and respondents' representatives agents and employees, directly or through any corporate or other device, in connection with the oflering for sale, sale or distribution of books in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: Using or substituting a new title for, or in place of, the original title of a reprinted book unless a statement which reveals the A. A. WYN, INC., ET AL. 547 545 Decision original title of the book and that it has been previously published thereunder appears in clear, conspicuous type upon the front cover and upon the title page of the book, either in immediate connection with the new title or in another position adapted readily to attract the attention of a prospective purchaser. DECISION OF THE COl\Il\IISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner did, on the 9th day of , ac-November, 1957, become the decision of the Commission; and cordingly :

1 t is ordered That the respondents herein shall within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist. &:

Decision 54 F.