Foreign origin of cloth made into tablecloths in U.

No. 307. Foreign origin of cloth made into tablecloths in U. permissible labeling-proposed trade name and trademark; Commission warnings. The Commission issued an advisory opinion concerning permissible labeling of tablecloths converted, dyed and finished in the United States from cloth imported in the greige from Japan, and to be sold in interstate commerce.

Submitted for Commission consideration was a label containing a proposed trade name and trademark. The trade name is a newly coined word composed of the term for the nationality of a particular European country, with a suffx. The trademark looks like a European heraldic design.

The Commission advised the applicant that, in its opinion, use in commerce of the proposed trade name and trademark for the tablecloths in question would probably amount to a deceptive act or practice in violation of Section 5 of the Federal Trade Commission Act. The deception appears to be so pronounced, the Commission added, that it cannot be abated by qualifying words Made in U. A. of cloth imported from Japan.

Further, in the opinion of the Commission, Rule 34 (b), 16 CFR 9303. 34 (b), of the Commission s Rules and Regulations under the Textile Fiber Products Identification Act, applies because the form of the cloth is basical1y changed and therefore the country of origin (Japan) need not be disclosed. Commissioners Dixon and :VIacIntyre do not concur for the reason that this ADVISORY OPINIOK DIGESTS 1681

advice appears to them to be erroneous. (File No. 693 7021 released Nov. 25, 1968.