TRADE REGULATIONS-DECEPTIVE PRACTICES

Authors

Earl R. Boonstra, University of Michigan Law SchoolFollow

Abstract

Petitioner, an importer, distributed catalogs among some 25,000 retailers describing his porcelain line as follows: "IMPORTED Hand Decorated 'Du Barry' Porcelain," and " 'Du BARRY' Porcelain table lamps are nationally famous as reproductions of rare, original French and English 'old pieces.'" The Federal Trade Commission found that the advertising impliedly represented that the origin was French or British, whereas the products were made in Japan. A cease and desist order was issued prohibiting use of the legend, "Imported-Du Barry,'' or any other legend suggesting French origin, without clearly disclosing the fact of import from Japan. Held, affirmed. The order did not deprive petitioner of the use of its trade-mark "Du Barry." Edward P. Paul & Co., Inc. v. Federal Trade Commission, (App. D.C., 1948) 169 F. (2d) 294.

Recommended Citation

Earl R. Boonstra, TRADE REGULATIONS-DECEPTIVE PRACTICES, 47 Mich. L. Rev. 596 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss4/22