Emo E. Gottlieb

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

In roe Marrer oF EMO E. GOTTLIEB TRADING AS EMO WATCH COMPANY ETC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEFERAL TRADE COMMISSION ACT Docket C-516. Complaint, June 28, 1968—Decision, June 28, 1968 Consent order requiring a New York City distributor of watchbands consisting in whole or in substantial part of components imported from Spain, Germany, France, Italy, Japan or Hong Kong, to cease selling the watchbands to manufacturers aud distributors of watches and to retailers, without clearly disclosing the fact of foreign origin and the particular country of origin. ComMPLAINT Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that Emo E. Gottlieb, an individual trading as Emo Watch Company, Besst Band Company, Besst. Watchband Company and E. E. Gottlieb, hereinafter referred to as respondent, has violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

Parscrapu 1. Respondent Emo E. Gottlieb is an individual trading as Emo Watch Company, Besst Band Company, Besst Watchband Company and E. E. Gottlieb with his principal office and place of business located at 10 West 47th Street, in the city and State of New York. Par. 2. Respondent is now, and for some time last past has been, engaged in the advertising, offering for sale, sale and distribution of watchbands to manufacturers and distributors of watches as well as to retailers for resale to the public.

Par. 3. In the course and conduct of his business, respondent now causes, and for some time last past has caused, his said product, when sold, to be shipped from his place of business in the State of New 1440 FEDERAL, TRADE COMMISSION DECISIONS Complaint 62 F.T.C, York to purchasers thereof located in various other States of the United States and maintains, and at all times herein mentioned has maintained, a substantial course of trade in said product in commerce, as “commerce” is defined in the Federal Trade Commission Act. Par. 4. Said watchbands consist in whole or in substantial part of components which were manufactured in, and imported from Spain, Germany, France, Italy, Japan or Hong King. When offered for sale or sold by respondent, he has failed to make clear and conspicuous disclosure that said watchbands are substantially of foreign origin, or the particular foreign origin thereof.

Par. 5. In the absence of an adequate disclosure that a product, including watchbands, is of foreign origin, the public believes and understands that it is of domestic origin, a fact of which the Commission takes official notice.

As to the aforesaid articles of merchandise, a substantial portion of the purchasing public has a preference for said articles which are of domestic origin, of which fact the Commission also takes official notice. Respondent’s failure to clearly and conspicuously disclose the country of origin of said articles of merchandise, or substantial components thereof, is therefore to the prejudice of the purchasing public.

Par. 6. By the aforesaid practices, respondent places in the hands of watch manufacturers, distributors and retailers, means and instrumentalities by and through which they may mislead the public as to the place of origin of said watchbands or the substantial components thereof.

Par. 7. In the conduct of his business, at all times mentioned herein, respondent has been in substantial competition, in commerce, with corporations, firms and individuals in the sale of watchbands of the same general kind and nature as that sold by the respondent. Par. 8. The use by respondent of the false, misleading and deceptive representations and practices hereinabove set forth, and the failure to disclose the foreign origin of his watchbands or of substantial components of his watchbands, have had, and now have, the capacity and tendency to mislead and deceive purchasers or members of the buying public in the manner aforesaid, and thereby to induce them to purchase respondent’s watchbands.

Par. 9. The aforesaid acts and practices of respondent, as herein alleged, were and are all to the prejudice and injury of the public and of respondent’s competitors and constituted, and now constitute, unfair methods of competition in commerce and unfair and deceptive acts and practices in commerce, in violation of Section 5 of the Federal Trade Commission Act.

EMO WATCH CO., ETC. 1441 14389 Order Decision AND ORDER The Commission having heretofore determined to issue its complaint charging the respondent named in the caption hereof with violation of the Federal Trade Commission Act, and the respondent having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by respondent of all the jurisdictional facts set forth in the complaint to issue herein, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as set forth in such complaint, and waivers and provisions as required by the Commission’s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent Emo E. Gottlieb is an individual trading as Emo Watch Company, Besst Band Company, Besst Watchband Company and E. E. Gottlieb with his principal office and place of business located at 10 West 47th Street, in the city and State of New York. 2. The Federal Trade Commisison has jurisdiction of the subject matter of this proceeding and of the respondent and the proceeding is in the public interest.

ORDER It is ordered, That respondent Emo E. Gottlieb, an individual trading as Emo Watch Company, Besst Band Company, Besst Watchband Company and E. E. Gottlieb, or under any other name or names, and respondent’s representatives, agents or employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of watchbands or any other products, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from :

1. Offering for sale, selling or distributing any such products which are substantially, or which contain a substantial part or parts, of foreign origin or fabrication without affirmatively disclosing the country or place of foreign origin or fabrication thereof on the products themselves, by marking or stamping on an exposed surface, or on a label or tag affixed thereto, of such degree of permanency as to remain thereon until consummation of Complaint 62 FTC.

consumer sale of the products, and of such conspicuousness as to be likely observed and read by purchasers and prospective purchasers making casual inspection of the products. 2. Offering for sale, selling, or distributing any such product packaged, or mounted in a container, or on a display card, without disclosing the country or place of foreign origin of the product, or substantial part or parts thereof, on the front or face of such packaging, container, or display card, so positioned as to clearly have application to the product so packaged or mounted, and of such degree of permanency as to remain thereon until consummation of consumer sale of the product, and of such conspicuousness as to be likely observed and read by purchasers and prospective purchasers making casual inspection of the product as so packaged or mounted.

3. Placing in the hands of manufacturers, distributors, retailers, and others, means and instrumentalities by and through which they may deceive and mislead the purchasing public concerning any merchandise in the respects set out above. It is further ordered, That the respondent herein 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 this order.