origin, preparation, manufacture, or date of publication or copyright of any book, or the current or up-to-date character thereof, or concerning the grade, quality, material, substance, size, manufacture, or value of the binding thereof or the lettering thereon, or concerning any service offered in connection therewith, or in any other material respect.

§ 150.2 Misrepresentation of books as being free.

In the sale or offering for sale of books, it is an unfair trade practice to represent, through advertising or otherwise, that such books are given free and that payments required in connection therewith are for supplements thereto or for extension, revision, continuation, yearbook, or other similar services, or for services to be rendered by a research or other bureau, when such is not the fact; or that a certain number of books have been reserved to be given away free of cost to selected persons as a means of advertising, or that a certain number of persons in a community have been designated to receive a book or books or any form of service free of cost, when such is not the fact.

§ 150.3 Use of deceptive name or title.

In the sale or offering for sale of books, it is an unfair trade practice:

(a) To pass off one book for another by use of the same or a deceptively similar name or title; or

(b) To use a name or title different from that under which such book or substantially the same text or content material is being or has previously been published and offered for sale in any form, with the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers by reason of the use of such name or title or by reason of the failure to make proper disclosure of such other name or title; or

(c) To represent, in advertising or otherwise, by the use of an edition title such as "Teachers' Edition," "Doctors' Edition," "Lawyers' Edition," or "School Edition," or by other means, that the contents of a book or edition have been especially adapted for the use of a certain profession or class of persons, when such is not the fact; or

(d) To use any name or title which has the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers with respect to the purpose, use, contents, or scope of

such book, or in any other material respect.

§ 150.4 Deceptive use of names, initials, or signature in connection with articles brought forward from earlier edition.

In respect to articles or textual material brought forward from a former edition, it is an unfair trade practice:

(a) To use in connection therewith any name, initials, or signature in such a manner as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into the belief:

(1) That the name, initials, or signature so used is that of the actual author of the article or textual material, when such is not the fact; or

(2) That the article or material is new, when such is not true in fact; or

(3) That the article or material has been revised, when no substantial revision has been made; or

(4) That the article or material or any substantial part thereof has not previously been published or used in any former editions, or otherwise, when such is not true in fact; or

(b) To mislead or deceive in any other respect.

§ 150.5 Deceptive use of copyright renewal date.

It is an unfair trade practice to set forth the date of any copyright renewal in such manner, whether by omission of other copyright dates or otherwise, as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into the belief that such renewal date is the date of original copyright or publication, or of otherwise misleading or deceiving purchasers or prospective purchasers with respect thereto.

NOTE: When other applicable copyright dates are properly set out and no deception, direct or indirect, is involved in the omission of a copyright date prior to 1909, such copyright date prior to 1909 need not be shown under this section.

§ 105.6 Misrepresentation as to editor, contributing editor, etc.

It is an unfair trade practice to represent, by means of any listing, advertisement, or in any other manner, that any person is a contributor to, or contributing or other editor of, a book, when such is not true in fact, or to make any false, misleading, or deceptive representation

with respect to any person who is, or is represented as being, a contributor to, or contributing or other editor of, a book. § 150.7 Deceptive testimonials.

(a) It is an unfair trade practice for any member of the industry to use any testimonial or purported testimonial, or representation with respect thereto, which is false, misleading, or deceptive; or to cause any testimonial or part thereof to be used in such manner as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into the belief:

(1) That the testimonial was given without solicitation or payment therefor, when such is not the fact; or

(2) That the testimonial was given by a school, library, or other institution, when in fact such testimonial was given by an individual connected therewith but acting in a personal capacity and not officially on behalf of such school, library, or other institution; or

(3) That the testimonial is a bona fide and genuine testimonial given by a person whose name is used in connection therewith, when the testimonial was not given by such person, or when the testimonial was not given with respect to the particular book or books to which it purports to relate, or when the testimonial is otherwise inapplicable or misleading or deceptive.

(b) In order to avoid deception in the use of bona fide and genuine testimonials, the complete testimonial should be given wherever practicable, and words, phrases, sentences, or other parts of such testimonial, shall not be separated from their context, or rearranged or otherwise used in such manner as to have the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers in any respect.

§ 150.8 Disclosure of nature and scope of services offered.

To the end that purchasers and prospective purchasers may not be misled or deceived with respect to any research, revision, extension, continuation, yearbook, or other type of service offered by a member of the industry, full and nondeceptive disclosure of the nature and scope of the particular service offered should be made in all contracts and order forms, sales literature, advertising. and other representations having reference to such service; and it is an unfair trade practice to conceal such informa

tion or to fail or refuse to make said disclosure thereof, such concealment or nondisclosure having the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers.

§ 150.9 Misrepresentation as to research service.

Where a research service or a service for the answering of questions is offered, it is an unfair trade practice (a) to represent, in advertising or otherwise, that the service offered is performed by an organization which is in fact nonexistent, or that such organization or any organization is independent of the industry member offering the service, when such is not the fact, or to use the names of well-known authors, editors, or authorities in connection with such service, when the persons named do not actually perform or supervise such research or actually answer or supervise the answering of such questions; or (b) to cause any other misrepresentation to be made regarding any such service offered.

§ 150.10 Misrepresentation as to price

reductions.

It is an unfair trade practice for any member of the industry to represent, in advertising or otherwise, that the price of any book or service has been reduced from what is in fact a fictitious price, or that such price is a reduced or special price when such price is in fact the regular selling price of such book or service, or that the regular price thereof is higher when such is not the fact, or to otherwise falsely or deceptively represent the past, current, or future price of any book or service.

§ 150.11 Misrepresentation as to nature of business.

It is an unfair trade practice for a member of the industry:

(a) To use, or to cause or permit to be used, any representation which has the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers into the belief:

(1) That such member is an association or organization of educators, teachers, engineers, or scientists, or of persons having other professional or technical training or other qualifications, when such is not true in fact; or

(2) That the business of such member is other than a private business enterprise operated for profit, when such is not the fact: or

(3) That such member is a book publisher, when such is not the fact; or

(b) To misrepresent in any manner the character, extent, or type of the business of such member.

§ 150.12 Misrepresentation as to connection with educational institution.

It is an unfair trade practice for any member of the industry to represent, through advertising or otherwise, that it or its sales representatives are connected in any manner with any school, college, university, or other educational institution, or with any board or committee thereof, or with any other organization, or that any book or service sold or offered by it is required, endorsed, or approved by any such institution, board, committee, or organization, when such is not the fact.

§ 150.13

Misrepresentation

as to 80

cieties, clubs, or organizations.

It is an unfair trade practice for any member of the industry, in selling or promoting the sale of books or services, to offer membership in fictitious societies, clubs, or other organizations; or to make any representations or claims which imply the existence of any such fictitious society, club, or organization; or to misrepresent the value, facilities, services, functions, character, or standing of any existing society, club, or organization; or otherwise to make any misleading or deceptive representations or claims as to any society, club, or organization which is in existence, or is intended or expected to be organized, or is fictitious.

§ 150.14 Misrepresentation as to earnings of sales representatives.

It is an unfair trade practice for any member of the industry to make or publish, or cause to be made or published, directly or indirectly, any false, misleading, or deceptive statement or representation, by way of advertisement or otherwise, concerning the salary, commission, income, earnings, or other remuneration which agents, canvassers, solicitors, or other sales representatives receive or may receive.

§ 150.15 Securing sales representatives by unfair means.

In connection with, or in the promotion of, the sale or distribution of books, the conditions under which specified amounts, in the form of salaries, commissions, or other form of payment, will be paid to agents, canvassers, solicitors, or

other representatives, should be clearly and nondeceptively stated in all advertisements for sales, representatives in which payment of specific or minimum amounts is guaranteed or offered, to the end that misunderstanding and deception may be avoided and prevented; and it is an unfair trade practice to secure or attempt to secure the services of any person as agent, canvasser, solicitor, or other sales representative by means of misleading or deceptive representations with respect to amounts guaranteed or offered such representatives, or by any other unfair means.

§ 150.16 Promoting or permitting use of deceptive sales literature, etc.

The members of the industry shall use due diligence to prevent the use, by their salesmen, agents, representatives, distributors, dealers, or other sellers, of any representations or other acts or practices which, directly or indirectly, may tend to mislead or deceive purchasers or prospective purchasers. Sales literature, advertisements, contracts, and other documents or representations, written or oral, supplied by members of the industry to them or to purchasers or prospective purchasers, shall be truthful and clearly nondeceptive, free from misleading or false implications or other matter which may tend to deceive or mislead. And it is an unfair trade practice for any member of the industry, directly or indirectly, to cause to be used, or to aid, encourage, or abet a salesman, agent, representative, or distributor, dealer, or other person in the use of, any sales literature, advertisements, contracts, documents, or written or oral representations, or selling methods, which are calculated to mislead or deceive, or which have the capacity and tendency or effect of misleading or deceiving, purchasers or prospective purchasers in respect of any book or service offered by such member or in any other material respect.

§ 150.17 Inducing breach of contract.

Inducing or attempting to induce the breach of existing lawful contracts between competitors and their customers or their suppliers, or between a competitor and his agent or other representative, by any false or deceptive means whatsoever, or interfering with or obstructing the performance of any such contractual duties or services by any such means, with the purpose and effect of unduly hampering, injuring, or prejudicing com

petitors in their businesses, is an unfair trade practice.

§ 150.18 Enticing away employees of competitors.

Willfully enticing away the employees of competitors with the purpose and effect of unduly hampering, injuring, or prejudicing competitors in their businesses is an unfair trade practice.

§ 150.19 Defamation of competitors or disparagement of their products.

The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, or the false disparagement of the grade, quality, material, contents, use, value, preparation, or manufacture of books sold or offered for sale by competitors, or of their selling methods, prices, credit terms, policies, services or values, is an unfair trade practice.

§ 150.20 Imitation of trade-marks or trade names.

152.2

152.3

"Lisle."

152.4

152.5

152.6

152.7

152.8

152.9

152.10

152.11

152.12

The imitation or simulation of the trade-marks or trade names of competitors, with the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers, is an unfair trade practice.

§ 150.21 Bribery and subsidization.

(a) Commercial bribery. It is an unfair trade practice for any member of the industry, directly or indirectly, to give, or offer to give, or permit or cause to be given, money or anything of value to employees or agents of customers or prospective customers, without the knowledge of their employers or principals, as an inducement to influence or cause their employers or principals to purchase or contract to purchase books or services of such industry member, or to refrain from purchasing books or services from competitors of such member.

(b) Subsidizing school officials to influence purchase of books by pupils or parents. Subsidizing school principals, teachers, or school officials, or making payments or gifts to them, directly or indirectly, to induce or cause them to recommend, influence, or promote the purchase of books of a member of the industry by pupils or the parents or guardians of pupils, is an unfair trade practice.

152.13

152.14 152.15

Deceptive price representations. Substitution of products.

Size markings and designations. Commercial bribery.

Exclusive deals.

Guarantees, warranties, etc.

Push money.

Prohibited discrimination.

Aiding or abetting use of unfair trade practices.

GROUP II

(b) Industry products. Hosiery for men, women and children, including all types and kinds of hose, stockings, socks, anklets, and other related products of the Hosiery Industry.

GROUP I

§ 152.1 Scope of rules; imports and exports.

(a) Applicability. Except where otherwise required by law, the rules in this part shall apply to all hosiery produced in the United States or offered for sale, sold or distributed in the American market.

is

(b) Imports. Imported hosiery subject to the rules in this part (and the marking requirements herein specified) the same as domestic hosiery, irrespective of whether the hosiery was originally manufactured in the United States and exported and thereafter imported; or whether it was manufactured in a foreign country and imported from such foreign country or another country into the United States; or whether the hosiery, foreign or domestic, was introduced into the American market in any other way.

(c) Exports. Hosiery produced in the United States for export to a foreign country need not be marked in accordance with the requirements of the rules in this part, except:

(1) Where such hosiery, although intended for export, or actually exported, is subsequently offered for sale or sold for use, consumption or resale within the United States or place subject to its jurisdiction; or

(2) Where such hosiery manufactured in the United States for export, or sold for export, is marked, sold or exported in such manner or under such conditions as to involve fraud or deception, or an unfair method of competition against an American competitor engaged in export trade, or a matter otherwise contrary to the public policy of the United States; or

(3) Where required by the Wool Products Labeling Act or by other provisions of law. [Rule 11

the grade, character, construction, origin, denier, size, style, fashion, gauge, twist of yarn, quality, quantity, value, price, serviceability, resistance to snagging or the development of runs, holes or breaks in the fabric, strength, stretch, length, color, finish, manufacture, or distribution of any product of the industry or component part of such product, or in any other material respect. [Rule 2]

§ 152.3 "Lisle."

(a) It is an unfair trade practice to use the term "lisle" or word, term, or representation of similar import, as descriptive of hosiery or any part thereof, under any condition having the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers. For purposes of this section the term "lisle" as descriptive of hosiery, or part thereof, is considered as representing that such hosiery is made of yarn composed of two or more ply of combed long staple cotton fiber, the ply twist of which is not less than the turns per inch indicated in the following table:

NOTE: The minimum twist of intermediate counts not given should be in proportion to those given in the table. The average results of tests for number of turns of twist in a yarn shall be reported to the nearest whole number.

Yarns having more than 4 plies shall have not less than the number of turns given for the 4-ply yarn, minus 1 turn for each additional ply above 4; that is, for each additional ply above 4, 1 turn per inch may be deducted from the minimum number of turns given for the 4-ply yarn.

(b) The term "long staple cotton fiber" as used in this section is understood to mean cotton fiber which is not less than 1%" in length of staple: Provided, however, That nothing in this sec