Williamsburg Electric, Inc.

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1N THE MATTER OF WILLIAMSBURG ELECTRIC, INC., ET AL.

CONSE, T armER, ETC., I REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket. 69fJ4. Comp/ai,lt, Dec. lv, 1957-Decis i(Jn, July, 1.958 Consent order requiring manufacturers of electric trivets in Willow Run Mich., to cease representing fal.3cJy on stuffers, count(,T cards, etc. distributed to resellel" and in advertisements in newspapers of national circulation-simulating therein the :"nipt of Colonial Williamsburg, Incorporated, a11d dericting bclildjngs and scenes of Wiliamsburg, Va. and the colonial era-that th y \ve1"(, affliated with Colonial Williamsburg, IncoJ')oraled, and "\VilJiamsburg Hr'storation, Incorporated, and that their tri' .'ets w.:1'8 aut 1Cntic reproductions of originals disIJlaycu i11 Williamshm" g, Vrt. , and of the American colonja! period, and v.rere of wronght iron cOJlstruction.

Mr. Wilhum A. Somers for the Commission. Respondents, for themselves.

INITIAL Decislon BY LOREN H. LAUGHLIN , HEARING EXAMINER The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) issued its complaint herein charging- the above-named respondents with having violatec1 the provisions of the Federal Trade Commission Act in certain particulars.

On May 14 , 1958 , there was submitted to the undersigned hearing- examiner of the Commission for his consideration and approval an "Agreement Containing Consent Order to Cease and Desist " \which had been entered into by and between respondents and the attorney for the Commission, under date of May , 1958, subject to the approval of the Bureau of Litigation of the Commission, which had subsequently duly approved the same. On due consideration of such agreement, the hearing examiner finds that said agreement, boih in form and in content, is in accord with 93.25 of the Commission s Rules of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically ag,'eed to the following matters: 1. Respondent Williamsburg Electric, Inc. , is a corporation existing and doing business under and by virtue of the laws of the State of Michigan. Respondents Freel II. Hogan and John E. Judycki are individuals anel offcers of said corporate respond- WILLIAMSBURG ELECTRIC , I:oC. , Jo T AL. 151 150 Decision ent. Respondent Milton A. Hogan is an individual and a majority stockholder of the corporate respondent. The individual respondents cooperate in formulating and putting into effect the practices of the corporate respondent. The offce and place of business of all of the above-named respondents is located at 2830 Tyler Road, Willow Hun, Mich.

2. Pursuant to the provisions oJ the Federal Trade Commission Act, the Federal Trade Commission on December IG , 1957 issued its complaint in this proceeding against respondents, and a true copy was thereafter duly served on the respondents. 3. The respondents admit all the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdictional1 facts had been cluJy made in accordance with such allegations.

4. This agreement disposes of all this proceeding as to all parties.

5. The respondents \vaive;

(a) Any further procedural steps before the hearin!- examiner and the Commission;

(b) The making of findings of fact or conclusions of law; and (c) All the rig-hts they may have to challenge or contest the validity of the order to cease and desist entered in accordance \viih this agreement.

G. The record on which the initial decision and the decision of the Commission shall he based shall consist solely of the complaint and this ag-reement.

7. This agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission.

8. This 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. 9. The following order to cease and desist may he entered in this proceeding by the Commission without further notice to the respondents. When so entered it shall have the same force , and effect as if enlered after!' a full hearing. It may be altered modified or set aside in the manner provided for other orders. The complaint may be used in construing the terms of the order. Upon due consideration of the complaint filed herein and the said "Agreement Containing Consent Order to Cease and Desist, the latter is hereby approved, accepted and ordered filed, if and when it shall have become a part of the Commission s decision. Order 55 F.

The hearing examiner finds from the complaint and the said Agreement Containing Consent Order to Cease and Desist" that the Commission has jurisdiction of the subject matter of this proceeding and of the persons of each of the respondents herein; that the complaint states a legal cause for complaint under the Federal Trade Commission Act against each of the respondents both generally and in each of the particulars alleged therein; that this proceeding is in the interest of the puhlic; that the following' order as proposed in said agreement is appropriate for the just disposition of all of the issues as to all of the parties hereto, and that said order therefore should be, and hereby is, entered as follows;

ORDER It is ordered That respondents Williamsburg Electric, Inc. , a corporation, and its offcers, and Fred H. Hogan and John E. Judycki, individually and as offcers of said corporation, and Milton A. Hogan, individually, and respondents' agents, representatives and employees, directly or through any corporate or other device, and in connection \with the offering for sale, srtlc or distribution of trivets and other products of Early American Design, in commerce, as "commerce " is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Using the word "\Villiamsburg" as a part of a corporate or trade name unless in direct connection therewith it is clearly disclosed that respondent Williamsburg Electric, Inc., has no connection with Williamsburg Restoration, Incorporated. 2. Using any word, term, statement, definition or simulation in any manner, the effect of which tends or may iend to convey the belief or impression, directly or indirectly, that respondents or any of them, are affliated or connected with, or are a representative, subsidiary or licensee of Williamsburg Restoration Incorporated.

It is fut/he)' onlered That respondents Williamsburg Electric., Inc., a corporation, and its offcers, and Fred II. Hogan and John E. .Iudycki, individually and as offcers of said corporation and Milon A. Hogan, individually, and respondents' agents, representatives and employees, directly or through any corporate or other device, in connection with the otTering for sale, sale or distribution of any product, in commerce, as "commerce defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, directly or indirectly: WILLIAMSBURG ELECTRIC, INC., ET AL. 153 150 Decision 1. That any product is an authcntic reproduction of the original on display in the exhibition buildings in Williamsburg, Va. unless such is the fact.

2. That any product is an authentic representation of the American Colonial Period, unless such is the fact. That any product is of wrought iron construction, unless such is the fact.

DECISION OF THE COM MISSION AND ORDER TO FILE RBPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice thc initial decision of the hearing examiner shall, on the 26th day of ,) uly 1958 , become the decision of the Commission; and accordingly:

It is unlercd That the above-named respondents shall, within sixty (60) days after service upon them of this order, fie 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.

, 154 FEDERAL TRADE COMYIISSION DECISIONS Decision 55 F.