Harry Weiss

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In rue Marrer or HARRY WEISS DOING BUSINESS AS IDEAL BRUSH MANUFACTURING CO.

CONSENT ORDER, ETC., IN REGARD TO TIVE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMAUSSION ACL Docket 6832. Complaint, July 8, 1957—Decision, Muy 10, 1958 Consent order requiring a distributor in North Hollywood, Calif., of paint brushes to wholesalers and dealers, to cease using the abbreviation “Mfg.” and the word “Manufacturing” in his trade name and on his merchandise, letterbeads, invoices, guarantees, in trade show programs, and on display ecards furnished to dealers, and thereby representing falsely that he owned or operated a factory in which bis merchandise was manufactured. Ar. Michael J. Vitale and Afr. Arthur B. Edgeworth for the Commission.

Myr. UR. Gerecht. of Los Angeles, Calif., for respondent. Txirian Decision By J. Earn Cox, Hearing Exaaunrnr The complaint charges respondent. with falsely and deceptively representing, by the use of the abbreviation “Mfg.” and the word “Manufacturing.? that. he owns, operates, or controls a factory or factories wherein the paint brushes which he sells and distributes are manufactured, in violation of the provisions of the Federal Trade Commission Act.

After the issuance of the complaint, respondent, lis counsel, and counsel supporting the complaint entered into an agreement containing consent order to cease and desist, which was approved by the Director and an Assistant Director of the Commission’s Bureau of Litigation, and thereafter transmitted to the hearing examiner for consideration, The agreement. identifies respondent Harry Weiss as an individual trading and doing business us Ideal Brush Manufacturing Co., with his oflice and principal place of business located at 3791 Cahuenga Boulevard, North Hollywood, Cahf.

The agreement provides, among other things, that respondent. admits all the jurisdictional facts alleged in the complaint, and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and Decision 54 F.T.C.

this agreement; that the agreement shall not become a part of the official record unless and until it becomes a part. of the decision of the Commission; that the complaint may be used in construing the terms of the order agreed upon, which may be altered, modified or set aside in the manner provided for other orders; that the agreement is for settlement purposes only and does not constitute an admission by the respondent that he has violated the law as alleged in the complaint; and that the order set. forth in the agreement and hereinafter included in this decision shall have the same force and effect as if entered after a full hearing. Respondent. waives any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of Jaw, and all of the rights he may have to challenge or contest. the validity of the order to cease and desist. entered in accordance with the agreement.

The order agreed upon fully disposes of all the issues raised in the complaint, and adequately prohibits the act and practices charged therein as being in violation of the Federal Trade Commission Act. Accordingly, the hearing examiner finds this proceeding to be in the public interest, and accepts the agreement containing consent order to cease and desist as part. of the record upon which this decision is based. Therefore, It is ordered, That respondent. Marry Weiss, trading and doing business as Ideal Brush Manufacturing Co., or trading and doing business under any other name or names, and respondent’s agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of paint: brushes or any other merchandise in commerce, as “commerce” is defined in the Federal Trade Conunission Act. do forthwith cease and desist from using the abbreviation “Mfg.” or the word “Manufacturing.” or any other abbreviation or word of the same import or meming, as a part of a trade or corporate name, or representing in any other manner that respondent. manufactures any merchandise sold by him, unless and until he owns, operates cr absolutely controls the manufacturing plant wherein such merchandise is manufactured.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE ch) Pursuant to section 8.21 of the Cennnission’s rules of practice, the mitial decision of the hearing examiner shall, on the 10th day of May 1958, become the decision of the Commission; and, accordingly : It ws ordered, That respondent. Harry Weiss, an individual trading IDEAL BRUSH MANUFACTURING CO. 1599 1597 Decision and doing business as Ideal Brush Manufacturing Co., shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and clesist. Decision «64 FTC.