Page. Schroeder & Tremayne (Theodore Schroeder et al. doing business as). 264 87 Seaboard Transportation and Shipping Co.--. 208 Seelman, Maurice, et al. (doing business as A. Isaacs Co.). 271 Simpson & Co., C. A. (C. A. Simpson doing business as). 208 Sinenberg, Nathan (doing business as Florida Sponge & Chamois Co.) -- 258 S. Perlman & Son (S. and Charles Perlman doing business as). 264 Stock, H. P., et al. (doing business as Atlantic Sponge Co.) 264 SUNBEAM CHEMICAL CO., INC....... Super Tread Tire Co----- 365 437 TAIYO TRADING CO., INC., THE__ 199 TAYLOR & SMITH (H. W. Taylor et al. doing business as) ET AL.. 109 223 208 THOMAS DUGGAN & SON (Thomas and W. C. Duggan doing business as)--- 316 Tierney, Wm. J. (doing business as New Orleans Machine Works). 208 264 109 Turner & Harrison Pen Mfg. Co., Inc._. 436 TYROLIA TALKING MACHINE CO. (Waverly Brown et al. doing business as) UNITED STATES COLOR & CHEMICAL CO., INC. 313 United States Food Products Corp. et al__. 435 UNITED STATES SALVAGE CO. (A. E. Lind doing business as). Voight, Albert P. J. (doing business as Voight Machine Shop). 208 208 208 Page. W. A. Case & Son Mfg. Co., Inc__. Ward & Mackey Biscuit Co‒‒‒‒‒ WARD, P. TYRRELL (doing business as Household Storage Co.)-- WESTERN GROCERY CO., INC., ET AL.. W. H. CONSTABLE CO., INC., ET AL. WHITE-GRANT CO. (Dan T. White et al., doing business as) ET AL... White Star Oil Co., The__. WHOLESALE GROCERS' ASSOCIATION OF EL PASO, TEX., ET AL. 437 437 163 87 64 109 109 109 86 86 109 208 WINSLOW & CO., D. A. (D. A. Winslow et al. doing business as) – 217 189 WOLPER, H. B., ET AL. (doing business as Errant-Knight Co., Lewis 95 WOLPER, L. I., ET AL. (doing business as Errant-Knight Co., Lewis 95 WOOD & BENNETT CO. ET AL--- Woodstock Typewriter Co‒‒‒‒‒ Worth, Herbert N., et al. (doing business as A. Isaacs Co.) –– 87 434 271 TABLE OF CASES IN WHICH PETITIONS FOR REVIEW OF ORDERS OF THE COMMISSION HAVE BEEN FILED IN THE CIRCUIT COURTS OF APPEALS FROM JULY 1, 1920, TO JUNE 30, 1921. Name. ALUMINUM CO. OF AMERICA. Petition filed in the United States Circuit Court of Appeals for the Third Circuit May 7, 1921. CANFIELD OIL CO. ET AL. Petitions filed in the United States Circuit Court of Appeals for the Sixth Circuit by six respondents from September 28, 1920, to January 10, 1921. D. A. WINSLOW ET AL----- Petitions filed by two respondents in the United States Circuit Court of Appeals for the Fourth Circuit February 19, 1921, and March 3, 1921. FRUIT GROWERS' EXPRESS, INC___ Petition filed in the United States Circuit Court of Appeals for the Seventh Circuit July 13, 1920. Commission's order reversed June 16, 1921. 274 Fed., 205. KINNEY-ROME CO---‒‒. II 442 Petition filed in the United States Circuit Court of Appeals for the Seventh Circuit August 6, 1920. RAYMOND BROTHERS-CLARK CO---- Petition filed in the United States Circuit Court of Appeals for the Eighth Circuit April 23, 1921. STANDARD OIL CO. OF NEW JERSEY ET AL. Petitions filed in the United States Circuit Court of Appeals for the Third Circuit by three respondents from August 16, 1920, to November 20, 1920. STANDARD OIL CO. OF NEW YORK ET AL. Petitions filed in the United States Circuit Court of Appeals for the Second Circuit by two respondents August 11, 1920, and December 11, 1920. Commission's order reversed May 11, 1921. 273 Fed., 478. TAIYO TRADING CO., INC___ Petition filed in the United States Circuit Court of Appeals for the Second Circuit January 24, 1921. WHOLESALE GROCERS' ASSOCIATION OF EL PASO, TEXAS, Petitions filed in the United States Circuit Court of Appeals for the Fifth Circuit by seven respondents from January 6, 1921, to May 28, 1921. XIV FEDERAL TRADE COMMISSION v. AMERICAN HOSIERY COMPANY. COMPLAINT IN THE MATTER OF THE ALLEGED VIOLATION OF SECTION 5 OF AN ACT OF CONGRESS APPROVED SEPTEMBER 26, 1914. SYLLABUS. Docket 413.-August 10, 1920. Where a corporation engaged in the manufacture and sale of underwear, shirts, and other wearing apparel, branded, labeled, advertised, and sold certain lines of underwear and shirts, composed only partly of wool, as 66 Merino," Super-cashmere," "Extra super-merino," and "Merino shirts," with a tendency thereby to mislead the public and injure competitors: 66 Held, That such branding, labeling, advertising, and sales, under the circumstances set forth, constituted an unfair method of competition. COMPLAINT. The Federal Trade Commission, having reason to believe from a preliminary investigation made by it that the American Hosiery Co., hereinafter referred to as the respondent, has been and is using unfair methods of competition in interstate commerce in violation of the provisions of section 5 of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," and it appearing that a proceeding by it in respect thereof would be to the interest of the public, issues this complaint, stating its charges in that respect, on information and belief, as follows: PARAGRAPH 1. That the respondent, American Hosiery Co., is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Connecticut, having its principal office and place of business in the city of New Britain, in said State, and is now and for more than two years last past has been engaged in the manufacture and sale of underwear in and among the various States of the United States and the District of Columbia, in direct competition with other persons, copartnerships, and corporations similarly engaged. PAR. 2. That the respondent, in the conduct of its business purchases and enters into contracts for the purchase of the necessary 3 F. T. C. 1 74636°-22-1 component materials needed therefor in the different States of the United States, transporting the same through other States of the United States in and to said city of New Britain, where they are made and manufactured into the finished products and sold and shipped to purchasers thereof; that after such products are so manufactured they are continuously moved to, from, and among the other States of the United States and the District of Columbia, and there is continuously and has been at all times hereinafter mentioned a constant current of trade in commerce in said underwear between and among the various States of the United States, and especially to and through the city of New Britain, State of Connecticut, and therefrom to and through the other States of the United States and the District of Columbia. PAR. 3. That for more than two years last past the respondent, with the effect of stifling and suppressing competition in the manufacture and sale of underwear in interstate commerce, has in the conduct of its business labeled, advertised, and branded certain lines of underwear, manufactured by it and composed but partly of wool, as "Merino," "Super-cashmere," "Extra super-merino," "Merino shirts"; that such advertisements, brands, and labels are false and misleading and calculated and designed to and do deceive the trade and general public into the belief that such underwear is manufactured and composed wholly of wool. REPORT, FINDINGS AS TO THE FACTS, AND ORDER. (Amended.) The Federal Trade Commission having reason to believe that the above-named respondent, American Hosiery Co., has been for more than one year last past using unfair methods of competition in interstate commerce in violation of the provisions of section 5 of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," and that a proceeding by it in that respect would be to the interest of the public and fully stating its charges in that respect; and the respondent having entered its appearance by its attorneys, duly authorized and empowered to act in the premises, and having filed its answer admitting that certain of the matters and things alleged in the said complaint are true in the manner and form therein set forth, and denying others therein contained, and thereafter having made and executed an agreed statement of facts which has been heretofore filed, in which it is stipulated and agreed by the respondent that the Federal Trade Commission shall take |