Advisory opinion letter

CLIENT: Copy Cloth Corp. NUMBER
815 Centinella Ave. LA-609138
Santa Monica, Ca. 90403 11-8-72

SUBJECT: One (1) sample gauze, submitted and identified by Client as impregnated with wax.

Reference: Telecon with W. James Neill, 10-80-72. Object: To determine whether or not the submitted sample meets the requirements of the Flammable Fabrics Act, in original state only.

Apparatus and Procedure: The apparatus and methods of testing were those described in Commercial Standard for Flammability of Clothing Textiles CS—191-58, to which the Flammable Fabrics Act refers. Due to the wax coating on the samples, the oven drying (221° F) procedure was omitted and samples were allowed to dry out overnight in a des-— sicating cabinet at approximately 5% relative humidity, room temperature.

Page 1 of 2

ADVISORY OPINIONS AND REQUESTS THEREFOR 1879
Page 2 of 2 ) Number
LA-60913
11-3-72
REPORT OF TEST [continued]
Test Results:
Flammability, Rate of Burning, Seconds
ORIGINAL CONDITION
DNI*
DNI
DNI
DNI
DNI
Average DNI

*DNI—Did Not Ignite—Specimen not ignited to Standard

1-second flame impingement.
SIGNED FOR THE COMPANY
BY
/s/8.N. Burmer /s/ K. Heywood
Classification (original state only)
Class I—Normal Flammability

The sample reported herein meets the requirements of the Flammable Fabrics Act, and is considered suitable for wearing appare] use. Comments:

Due to the modification in drying procedures, the following additional studies were made. The flame source was held down until ‘ignition after the one-second impingement. All samples were found to ignite between 1.3 and 1.6 seconds. ANSWERS TO FTC QUESTIONS—COPY CLOTH 1. Have actual tests for flammability, durability, etc., been made of COPY CLOTH? Please explain procedure and results of any such tests. As to flammability: The actual tests for flammability were simple experimentation burning samples of COPY CLOTH and the loosely woven all cotton fabric used in COPY CLOTH simultaneously. Such tests were conducted in an open indoor area at average ambient temperature and humidity conditions found in the home and industrial work areas where pattern making is usually carried on. Extensive testing as described in the Flammable Fabrics Act and Regulations was not attempted because we submit that COPY CLOTH is not within the scope of said Act or Regulations, ie, it is not either wearing apparel nor interior furnishing, fabric nor related material as defined therein.

Observations from such testing were that the wax acted as an inhibitor, i.e. markedly decreasing the rate of burning of COPY CLOTH as against the all cotton fabric. The burning intensity of COPY CLOTH and the all cotton fabric appeared the same.

Therefore, we believe that COPY CLOTH does not present any unreasonable hazard when used in the home environment or industrial areas as against other fabrics, materials and products generally available in ‘the open market place.

The risk of flammability of COPY CLOTH in use 'is minimal. We do propose to advise the ultimate user in the instructions for use of the product, to use the recommended methods of heating COPY CLOTH described in paragraph 2.3 on the bottom of page 4 and continuing on page 5 of the memorandum from us to you dated August 81st, 1972, ie. heating by use of hot tap water, the lowest setting on a conventional household iron, ete. In testing using the recommended methods of heating COPY CLOTH, but substantially exceeding 180 degrees Fahrenheit, the recommended heating temperature, it was observed that the wax was either absorbed into the cotton fabric which forms part of COPY CLOTH or drained off harmlessly.

As to durability: In repeated use we have found COPY CLOTH is very durable and may be reused. COPY CLOTH may be folded many times and restored to its original smooth finish when warmed according to instructions, i.e. by said recommended heating methods. If a mistake is made in use, e.g. a wrong line drawn, etc, one may start over again simply by reheating the COPY CLOTH as recommended.

2, What are the chemical composition and properties of “petroleum wax?” How does it differ from paraffin? Please provide the name of the manufacturer. We do not intend to use the term “petroleum wax” with respect to or describing COPY CLOTH in any instructions literature or advertising. The criteria for wax selection requires FDA approved wax used generally for household. purposes and the characteristics specified in our memo of August 81st, ie. a softening temperature of approximately 130 degrees Fahrenheit, is relatively hard and non-elastomeric at approximately 100110 degrees Fahrenheit, etc. In a generic sense, paraffin is the class within which the wax in COPY CLOTH would fall, eg. it is not easily acted upon by reagents, obtained chiefly from crude petroleum and used for making various household products such as candles, forming preservative coatings, waterproofing paper, etc. We purchase the wax used in manufacture of COPY CLOTH in accordance with the above criteria from the market place and do not alter its chemical composition or properties. The precise wax in COPY CLOTH was discovered only after extensive experimentation and expenditure of funds by us and is considered a trade secret. We believe you will understand that such secret information used in the conduct of our client’s business which is of some competitive advantage to him, and which is not disclosed to the public or anyone, must not be disclosed in order to protect and preserve the equitable theory of protection. ; 8. Please explain the assertion that “its burning rate approximates that of a common household candle”.

ADVISORY OPINIONS AND REQUESTS THEREFOR 1881 COPY CLOTH is not combustible, it burns slowly. As stated in response to 1 above, the wax acts as an inhibitor to burning COPY CLOTH. The analogy to candle burning seems germane and within the common experience of everyone. No testing with candles was conducted. 4, Is the product aimed principally at the home seamstress, the professional seamstress, or industry? It is aimed equally at all of them. The product is for the home seamstress, professional dressmaker, design schools, and a myriad of industrial pattern applications. It is particularly useful for asymmetrical figure fitting problems and patterns for other complex three dimensional articles without measurement or dimensioning.

By way of example and not by way of limitation, COPY CLOTH enables one to drape a design in third dimension directly on the body as well as make an accurate semi-mold simultaneously to be used as a basic block for flat pattern drafting. One may thereafter adapt commercial dress patterns to the peculiarities of her own body configuration with the use of her COPY CLOTH master pattern block. COPY CLOTH may also be cut larger than, but from commercial pattern pieces of a pattern to be made, correcting any fitting problems when molded to the body, pinned marked along original lines in third dimension.

5. What price do your clients intend to charge for COPY CLOTH? Will a price be suggested for resale? If so, what? Our clients intend to charge from $1.00 to $1.50 per yard (36 inch width) as a function of quantity purchased per order. The suggested retail price is $2.98 per yard.

6. What yardage of COPY CLOTH would be necessary to fit a complete garment (e.g. the longsleeved dress in the brochure) ? We recommend two (2) yards.

7. Who will receive the elegantly printed brochure? Will it or something comparably elaborate be available to the ultimate consumer? Will it cost extra? For the home seamstress or dress/garment designer, amateur or professional, a free data sheet entitled, “COPY CLOTH * * * Now it’s a whole new world of sewing-your very first step is COPY CLOTH!” is available and shall be at all places where COPY CLOTH is sold. A proof sheet of said data sheet is attached [p. — mfra]—it shall be amended to include heating methods stated in our August 31st memo to you and flammability statement in bold face or contrasting type face. Similar data sheets for industrial users have not yet been composed, but we intend to provide them as the market uses develop.

The brochure, “Introduction to COPY CLOTH” is the first manual for using our totally new method of pattern drafting. We intend a sales price of $2.98 for it and it shall be available wherever COPY CLOTH is sold to the ultimate consumer.

8. How will your clients assure that part of the paper tape will be given to and will be read by the ultimate consumer? Will it be affixed to COPY CLOTH or simply rolled with it? It would, furthermore, be helpful if we could see a projected sample of the paper tape (your description, Section 4 in the memo, asserts the inclusion of a vast amount of information). The tape will be affixed to the core of the bolt roll and be rolled

along the median line the length of the Copy Cloth roll. During the intervening period since August 31st we have determined that rotary press printers can produce plastic tapes of 18 inch widths and greater to be rolled in the above described manner with COPY CLOTH on the bolt. Information in form of text and illustrations similar to the concise information on the data sheet under 7 above shall be printed each quarter yard which is the anticipated minimum quantity sold.

A survey of retailers in the Los Angeles area indicates that separate sheets are rarely given to the ultimate consumer by sales persons, but that a tape of information rolled in the bolt and cut with the material will not be overlooked by sales people and will be included with the product purchased. The retailer shall also be instructed to give the information tape insert cut from the bolt to the ultimate consumer. We know of no practical manner that any manufacturer can assure that the ultimate consumer will read or understand instructions and other data given him at the time of purchase.

A copy of the tape is not available at this time. 9. Is the “muslin fitter” (brochure p. 18) necessary to the proper construction of a garment using COPY CLOTH? If so, please explain why the COPY CLOTH process is superior to the mere fitting of a muslin “preview” garment.

A muslin fitter should always be made of any COPY CLOTH or conventionally drafted pattern because any changes desired is accomplished on inexpensive muslin rather than upon expensive garment fabric. A pattern drafted by conventional means requires a series of over ninty measurements to make a basic block, e.g. front and back bodice, front and back skirt, sleeves: See reference book “Pattern Drafting and Graphing Womens and Misses Garment Design,” M. Rohr, Rohr Publishing Co., P.O. Box 88, Waterford, Conn. 06385. Mr. Rohrs book is used as a standard text in California public adult vocational classes. Weeks of personal instruction in class is required to acquire the rudiments of measurements alone. COPY CLOTH methods avoid such dimensioning or measurements. ThCOPY CLOTH pattern method is the only way today to make an individually fitted garment without measurement or grading for any garment. Muslin, if used alone, is a two dimensional fabric which can take weeks of fitting to assure proper fit or to test the success of any given design. COPY CLOTH makes an actual third dimensional, semi-rigid mold, of any part of the body or other complex article, e.g., See pp. 6-fig 9, 10-fig 18, 13-all figures, in brochure previously provided to your office. 10. Please explain reference (brochure p. 1) to “COPY CLOTH classes.” What are their terms, format, description? Are they useful or necessary to seamstress purchasers of COPY CLOTH? If so, do your clients warrant its “speed and simplicity” as used by less-than-expert home seamstress, without attendance at the classes? In conducting initial market research we have found: A. COPY CLOTH classes are requested by accredited home economics teachers in Junior and Senior high schools, adult extension, university level, expert free-lance sewing and pattern teachers, trade school, professional dress makers as well as home seamstresses, and B. Home use by relatively unskilled persons who have not attended any

ADVISORY OPINIONS AND REQUESTS THEREFOR 1883 COPY CLOTH class has been successful by the user simply following the concise data and instructions on the data sheet and brochure, “Introduction to COPY CLOTH”. ;

In pilot studies of COPY CLOTH use, men who don’t sew, have made a perfect fitting bodice with COPY CLOTH on their first try. We understand that the format for classes for the home seamstress and home economics classes shall follow the text of the brochure, “Introduction to COPY CLOTH”. Class fees vary, but are nominal. We do not warrant “speed and simplicity” which seems to be self evident, e.g. see answer to question 9 above.

11. What are “established commercial representatives’ (memo p. 6)? Salesmen hired by COPY CLOTH? Drummers selling other companies’ fabrics? Wholesale fabric distributors? Our stated methods of distribution of COPY CLOTH are merely a statement of future plans. We have been and are conducting initial discussions with wholesale distributors and chain stores with as little as a dozen stores in a single metropolitan area to one as large as having sewing centers in virtually every American city. Some of said discussions have entered a more formal negotiating stage, but we cannot as yet reveal the identity or other details as to any such matters.

We shall only resort to the use of salesmen hired by COPY CLOTH if other methods of distribution are not realized or successful. 12. If COPY CLOTH is “even easier to handle” (brochure p. 24) on the bias, why not manufacture it that way? COPY CLOTH is not manufactured on the bias because it would be too expensive, greatly increasing the price to the ultimate consumer. For this reason, almost no fabric materials are woven on the bias. The ultimate consumer may, if desired, cut and mold COPY CLOTH on the bias or straight of the goods, for the desired effect. 13. Are the Neills currently engaged in a related business, company, or corporation? Or is this an entirely new entrepreneurial venture? This is a new entrepreneurial venture. The Copy Cloth Corporation was incorporated in accordance with the laws of California on September 20, 1972.

COPY CLOTH ...

1. Mark the body with removable eyeliner or eyebrow pencil (a step that may be omitted later as your skill progresses). 2. Warm Copy Cloth between layers of aluminum foil with iron on lowest setting—or—on foil or foil pan. (NEVER overheat or heat with open flame.) 3. Mold to any part of the body—bodice, sleeve, skirt or even pants.

4. Trace the markings from the body and mark dart and style lines.

5. Trim Copy Cloth on body marking lines and split on dart lines. (Darts may also be folded out and fold clipped away.)

6. Flatten carefully—then trace the pattern onto paper, correct and add seam allowance. Use your Copy Cloth Master Pattern for fitting or drafting any style you choose, use it for perfecting commercial patterns, or create your own styles directly on the body with Copy Cloth—then smile and sew! Get complete instructions, special uses and beginning pattern drafting guide in “Introduction to Copy Cloth” available now at

$2.95 wherever Copy Cloth is sold.
Patent Pending
Letter of Request
August 31, 1972

Subject: Request for Advisory Opinion and Approval Enclosures: (a) Technical, Marketing and Labeling Data.

(b) Copy Cloth Material Samples.*
(c) Brochure, Introduction to Copy Cloth.’
Gentlemen:

Clients of this firm, W. James and Barbara Neill, are presently engaged in the preliminary steps to form a business enterprise for the purpose of manufacturing and sales of a product “Copy Cloth.”

The purpose of this letter is to respectfully request of the Secretary of the Commission an advisory opinion as to a proposed course of action, details of which are set forth in enclosures forwarded under cover of this letter. Preliminary market research has been done on a limited basis, however, the proposed course of action described herein has not and is not currently being followed by the requesting. party and has not or is not the subject of a present or pending investigation or other proceeding, order, or decree initiated or obtained by the Commission or any other governmental agency. We believe that the enclosed data and materials present sufficient information such that an informed decision thereon may be made by the Commission staff members without extensive investigation, clinical study, testing, or collateral inquiry. If additional 1 Available upon request to Division of Legal and Public Records, Federal Trade Commission, Sixth St., and Pennsylvania Ave., Washington, D.C. 20580.