Israel Rettinger

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

_IN THE. MATTER OF ISRAEL RETTINGER ET. AL. DOING BUSINESS AS _RETTINGER RAINCOAT MFG. CO.

ORDER, OPINION, ETC., IN REGARD TO ‘THE ALLEGED VIOLATION OF THE FEDERAL TRADE COM MISSION ACT ' Docket 6584. Complaint, March 22, 1956—Decision, May 27,1969 Order modifying a consent order dated’ August: 17, 1956; 53 F.T.C. 132, which prohibited a ‘manufacturer of ‘rainwear from misusing the word “Goodyear”: by permitting: the -successor’ respondent ‘to use the term ‘“Goodyear=Made. By‘ Rettinger” and: similar words: ; DISSENTING OPINION MAY 27, 1969 BY DIXON, Commissioner:

Commissioner Dixon dissents from that part of the’ modified order which would permit respondents to use such’ statements s “Goodyear-By Rettinger” and “Goodyear-By Lucky Rainwear” to designate rainwear manufactured by a firm other than respondent ‘corporation. Commissioner Dixon believes that such statements are wholly inadequate to inform purchasers that the rainwear is not made by respondent corporation, and, in themselves, constitute a false representation that the goods are so made.

ORDER REOPENING MATTER AND MODIFYING ORDER TO CEASE AND DESIST The parties named in the caption hereof having heretofore entered into an agreement containing consent order in this mat- ‘ter, which order became the order to cease and desist contained in the Commission’s decision of August 17, 1956 [53 F.T.C. 132] ; and Respondent David Rettinger having, on August 5, 1968, filed a motion for a stay order, and subsequent thereto having reconsidered said motion and having desired to have the motion considered as withdrawn and to present for the Commission’s consideration in lieu thereof an agreement entered into between said respondent, and the Rettinger Raincoat Mfg. Co., Inc., a corporation, and their attorney, and counsel for the Commission, RETTINGER RAINCOAT MFG. CO. 945 944° - Order whereby said. respondent would consent to entry of a modified order to cease and desist in such matter; and The ‘said parties having entered into and executed such an agreement which recites, inter alia, that upon acceptance of the agreement by the Commission the aforesaid motion of August 5, 1968, is to-be considered as having been withdrawn by respondent. David Rettinger, and only thereupon is the. agreement to become a part of the official record of the proceeding; that Israel. Rettinger, heretofore. also named as an individual and copartner: respondent in the proceeding, is: now deceased, and the partnership, Rettinger Raincoat Mfg. Co., has. been dissolved; and that the Rettinger Raincoat Mfg. Co., Inc. a New York corporation, is the successor: and assign -of. said. partnership; and which agreement further provides that, if accepted by the Commission, the Commission. may, -without further notice to the parties. thereto, issue its: order reopening the- proceeding and modifying:..the order to cease and desist:.contained in its decision .of August: 17, 1956, such. order as ‘modified to. read in the form set out in the agreement; and. . The Commission having: concluded that the modification sought is warranted in the circumstances, and having. accepted the agreement;

Now, therefore, it is ordered, That this proceeding be, and it hereby is, reopened.

It is further ordered, That the order to cease and desist contained in the Commission’s decision of August 17, 1956, be, and it hereby is, modified to read as follows: It is ordered, That respondent David Rettinger, individually and as a former copartner in Rettinger Raincoat Mfg. Co., a partnership now dissolved, and as a former officer and active stockholder of Rettinger Raincoat Mfg. Co., Inc., a corporation, which corporation is the successor and assign of said partnership, and respondent’s agents, representatives, employees, and successors and assigns, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of rainwear, including rubber raincoats and rainsuits, and other similar kinds of merchandise, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

Using the word “Goodyear”, or any other word or words of similar import, to designate or refer to such merchandise unless, in immediate conjunction with such word or words, Order 75 F.T.C, respondent affirmatively discloses, clearly and conspicuously, either that the Goodyear Tire and Rubber Company of Akron, Ohio, is not. the manufacturer or source of such merchandise or. that the manufacturer’ or source of such merchandise is' a firm other than the Goodyear Tire and Rubber Company. of Akron, Ohio: Provided, however, That with respect to merchandise manufactured by Rettinger Raincoat Mfg. Co., Inc., use in the foregoing manner of any of the following disclosure statements, which statements are illustrative but not all-inclusive, will be deemed by the - Commission to constitute compliance with this order: “Goodyear-Not Made by.Goodyear of Akron, Ohio” “Goodyear+Made by Rettinger”

“Goodyear-Made by Lucky Rainwear” .

And provided, further, That with respect to merchandise manufactured by. a firm other than Rettinger -Raincoat Mfg. Co., Inc. but distributed by said company use in the foregoing manner of any: of the following disclosure statements, which statements are illustrative but not all-inclusive, will be deemed by’ the Commission to constitute compliance with this order:

“Goodyear-Not Made by Goodyear of Akron, Ohio” “Goodyear-By Rettinger”

“Goodyear-By Lucky Rainwear.”

It is further ordered, That, for purposes of compliance, this order shall be considered inapplicable with respect to those articles of merchandise in inventory as of the date of service of this order which bear disclosure statements indicating that such merchandise is made or manufactured by the Rettinger Raincoat Mfg. Co., Inc., or by Rettinger or by Lucky Rainwear. It is further ordered, That the order to cease and desist contained in the Commission’s decision of August 17, 1956, be, and it hereby is, vacated as to decedent Israel Rettinger, a former copartner in the dissolved partnership, Rettinger Raincoat Mfg. Co.

It is further ordered, That respondent David Rettinger and Rettinger Raincoat Mfg. Co., Inc., a corporation, 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 this order to cease and desist. , Commissioner Dixon dissenting, and Commissioner MacIntyre abstaining.

BLAIR’S TELEVISION & MUSIC CO., INC., ET AL. 947 Complaint