words, "Made in U. S. A.," or words of similar import and meaning equal size and conspicuousness revealing the country in which sa ware has been manufactured.

It is further ordered, That respondent shall within 60 days aft service upon it of this order, file with the Commission a report writing, setting forth in detail the manner and form in which it h complied with said order.

NOTE. The amended complaint in the original proceeding, date February 9, 1925, and the original findings as to the facts, conclusio and cease and desist order therein, made as of July 7, 1926, and note in 10 F. T. C. 223, follow:

AMENDED COMPLAINT

Acting in the public interest pursuant to the provisions of an act Congress, approved September 26, 1914, entitled "An act to create Federal Trade Commission, to define its powers and duties, and f other purposes," the Federal Trade Commission charges that Samu E. Bernstein, Inc., hereinafter referred to as respondent, has bee and is using unfair methods of competition in commerce in violatio of the provisions of section 5 of said act, and states its charges in the respect as follows:

Count I

PARAGRAPH 1. Respondent is a corporation organized under th laws of the State of New York with its principal office and place o business in the city of New York, in said State. It is engaged i buying silverplated ware and in the sale thereof to wholesale an retail dealers located at points in various States of the United States It causes said ware when so sold to be transported from its said prin cipal place of business in the city and State of New York into an through other States of the United States to said purchasers at thei respective points of location. In the course and conduct of its sai business respondent is in competition with other individuals, partner ships, and corporations engaged in the manufacture and/or sale and transportation of silverplated ware in interstate commerce between and among various States of the United States.

PAR. 2. Competitors of respondent, and the manufacturer of re spondent's ware, use in the manufacture of their products, the elec troplating process which is the covering of a form of base metal with an adherent coating of silver by the electrolysis of silver salts. The plated silverware thus produced varies in quality and value according

to the composition of the base metal, the workmanship upon its form and the decoration, the amount and fineness of the silver deposited upon it and left upon it after the finishing process and the protection of the surfaces exposed to wear and abrasion. There is no fixed standard for the composition of the base metal nor for the fineness. or quantity of silver to be applied generally or to wearing surfaces so that the purchasing public is obliged to depend upon the reputation of the maker of such plated silverware or the reputation of the trade name or brand attached thereto or the representations of the maker or seller thereof, in purchasing said silverware, since the quality of the ware cannot be determined except by laboratory tests.

PAR. 3. About the year 1742 there was originated in Sheffield, England, a process for the production of silver-plated ware, which process involved the welding of a silver plate to one or both sides of a sheet or bar of copper so as to form one thoroughly coherent mass which was rolled to the desired gage and subsequently worked into the desired form. The ware produced by this process was properly known as "copper rolled plate" though this name was not used as a trade name or designation. The copper rolled plate of Sheffield, England, acquired a very considerable reputation for excellence in quality, Workmanship, and design and though the name "Sheffield" was not generally impressed upon or affixed to the ware itself, which was identified by the maker's registered marks, the copper rolled plate came to be generally known and is still known as "Sheffield." While the cheaper electroplating process displaced copper rolled plate which practically went out of production, there have been and still are from time to time importations of the copper rolled plate into the United States and there is a considerable trade in copper rolled plate in this country at prices which reflect not only its value as plated ware but its artistic and historic value as well. The name "Sheffield" as applied to silverware at the present time implies a quality and a value peculiar to the copper rolled plate process as well as the process itself and its use is a representation thereof.

PAR. 4. In the conduct of its business during a period of more than a year past, respondent has sold and continues so to do, electroplated ware coated with silver upon which has been stamped or impressed the words "Sheffield Plate" and other combinations of words including the word "Sheffield" and such ware carrying the word "Sheffield" upon it, is ultimately offered for sale in that form to the consuming public. PAR. 5. There are competitors of respondent in the manufacture and sale of electroplated ware who are not endeavoring to induce the preferment or purchase of their products by the public by representing

them as "Sheffield" either with reference to process of manufactu or quality, but recognizing that there is no fixed standard by whi the value and quality of electroplated ware can be represented to th purchasing public, have adopted and are following the practice identifying their products by a firm or house name or by a nondescri tive trade name, the standard for which they severally fix and dete mine or in unison agree upon, and maintain. The competitive oper tions of such manufacturers and merchandisers fairly and truthful representing their products to the public are seriously injured by th methods and practices of the respondent misrepresenting the proce and quality of its products as aforesaid.

PAR. 6. The above-alleged acts and things done by respondent are a to the prejudice of the public and respondent's competitors, and con stitute unfair methods of competition in commerce within the inter and meaning of section 5 of an act of Congress entitled, "An act create a Federal Trade Commission, to define its powers and dutie and for other purposes," approved September 26, 1914.

Count II

PARAGRAPH 1. That paragraphs numbered 1, 2, and 4 of count are hereby made a part of this count II and are as fully and com pletely charged as though set out herein verbatim.

PAR. 2. Many years prior to the use of the word "Sheffield" by th respondent as hereinbefore alleged, the silversmiths of the city o Sheffield, England, and vicinity adopted the comparatively new ele troplating process, in lieu of the older copper rolled plate proces which was practically abandoned, and maintained through the us of the electroplating process the high reputation for quality which they had acquired in the older process. The city of Sheffield, Eng land, and its vicinity have been continuously since many years prio to the said use of the word "Sheffield" by respondent, and are stil and have been and are still quite generally known to be, the larges producing area of silverware and silver-plated ware in England, and the center of and predominant place in the silver industry of tha country. Silverware and silver-plated ware made by the silversmith of Sheffield, England, have been since many years prior to the use of the word "Sheffield" by the respondent, and still are, highly regarded by the trade and public in the United States, England, and other coun tries, as of uniform, reliable, and dependable quality; and the words "Sheffield Silver," "Sheffield plate," and "Sheffield Silver Plated Ware," when used in connection with silverware or silver-plated ware have signified and denoted, and now signify and denote, to a sub

Findings

stantial portion of the public that such silverware and silver-plated ware were manufactured in Sheffield, England, and are of the quality which has become associated with that name and industry.

PAR. 3. The use by respondent of the terms "Sheffield," "Sheffield Plate," and other similar designations containing the name "Sheffield" as set out herein has the capacity and tendency to create the impression among a substantial portion of the trade and public that the silverplated ware upon which such terms appear was manufactured in Sheffield, England, and is of the quality which has been and still is associated with the terms "Sheffield Silver" and "Sheffield Plate" and the silver industry of Sheffield, England; whereas in truth and in fact the silver-plated ware sold by respondent with said terms marked or stamped thereon is not manufactured in Sheffield, England, or in its vicinity, or in England, and is not of the quality which has been and still is associated with the terms "Sheffield Silver" and "Sheffield Plate" and the silver industry of Sheffield, England; and the use of these terms by respondent is a misrepresentation of the origin and quality of respondent's wares, and is confusing and misleading, and tends to create and does create an undue preference for such silver-plated ware among, and tends to induce and does induce the purchase of such silver-plated ware by, a substantial portion of the trade and public in preference to silver-plated ware manufactured and sold by respondent's competitors, some of whom deal in wares which are manufactured in Sheffield, England, and others of whom refrain from the use of such terms in connection with wares not manufactured in Sheffield, England.

PAR. 4. The above-alleged acts and things done by respondent are all to the prejudice of the public and respondent's competitors, and constitute unfair methods of competition in commerce within the intent and meaning of section 5 of an act of Congress entitled, "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914.

REPORT, FINDINGS AS TO THE FACTS, AND ORDER

Pursuant to the provisions of an act of Congress approved September 26, 1914, the Federal Trade Commission issued and served an amended complaint upon the respondent, Samuel E. Bernstein, Inc., charging it with the use of unfair methods of competition in commerce in violation of the provisions of section 5 of said act.

The respondent having entered its appearance, the chief counsel for the Federal Trade Commission and counsel for the respondent there

after signed and filed a stipulation containing an agreed stateme of facts and the further agreement that the said statement of fac might be taken in lieu of all testimony and other evidence in his pr ceeding, and that the Commission might proceed further upon the sa agreed facts to make its report in the proceeding and its findings to the facts and enter its order disposing of the proceeding.

Thereupon this proceeding came on for decision and the Commi sion, having duly considered the record and being fully advised i the premises, makes this its findings as to the facts and its conclusio drawn therefrom:

FINDINGS AS TO THE FACTS

PARAGRAPH 1. Respondent is a corporation organized under th laws of the State of New York, with its principal office and place o business in the city of New York in said State. It is engaged in buy ing silver-plated ware and in the sale thereof to wholesale and reta. dealers located at points in various States of the United States. I causes said ware when so sold to be transported from its said principa place of business in the city and State of New York into and throug other States of the United States to said purchasers at their respectiv points of location. In the course and conduct of its said busines respondent is in connection with other corporations, partnerships, an individuals engaged in the manufacture and/or sale and transpor tation of silver-plated ware in interstate commerce between and amon the various States of the United States.

PAR. 2. Competitors of respondent and the manufacturer of re spondent's ware use, in the manufacture of their products, the electro plating process, which is a method of covering a base metal with a adherent coating of silver by the electrolysis of silver salts. Th silver-plated ware thus produced varies in quality and value according to the composition of the base metal, the workmanship upon its form and the decoration, the amount and fineness of the silver deposited upon it and left upon it after the finishing process, and the protection of the surfaces exposed to wear and abrasion. There are no fixed standards for the composition of the base metal or for the fineness or quality of silver to be applied generally or to wearing surfaces, so that the purchasing public is obliged to depend upon the reputation of the maker of such silver-plated ware, or upon the reputation of the trade name or brand attached thereto, or upon the representations of the maker or seller thereof, in purchasing said silver-plated ware, since the quality of the ware cannot be determined except by laboratory tests. PAR. 3. In the course and conduct of its business respondent has