Vincent Maggiore

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IN THE 11ATTER OF VINCENT MAGGIORE, TRADING AS THE AMO-LINE COMPANY AND AMO-LINE COMPANY COMPLAINT, Findlngs, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC •.5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 2491: Complaint, July 3, 1985-Decision, Oct. 8, 1935 Where a corporation engaged for years in the manufacture, distribution, and sale of a cleanser and water-softener under its registered trade name "Climalene" and in ita light blue registered cartons with dark blue overprintings, and through sale of said water-softener under said name and in such cartons and the wide advertisement thereof throughout the United States, acquired a wide and favorable reputation for said product which was in great demand by the trade and purchasing public; and thereafter an individual sold a similar product under the name "Amo-Line" and employed therefor cartons or packages which were of the same size, and colored light greenish blue with dark blue overprintings, and which imitated the former in many particulars; with capacity and tendency to confuse, deceive, and mislead trade and public under conditions usually prevailing in the sale of such products, and with result of inducing wembers of such trade and public to buy the product of said individual as and for that of such corporation, and of thus unfairly diverting trade from latter and its dealers to said individual and his dealers, and of placing in the hands of retailers an instrumentality permitting them more easily to substitute such goods of said individual for those of another, and with capacity and tendency so to do:

lleld, That such practices, under the conditions and circumstances set forth, were each and all to the substantial prejudice of the public and of said competitor, and constituted unfair methods of competition. llfr. J. T. Welch for the Commission.

lfr. Gerard Manack, of Navarre, Ohio, for respondent. Complaint Pursuant to the provisions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes'', the Federal Trade Commission, having reason to believe that Vincent Maggiore trading as The Amo-Line Company and Amo-Line Company, hereinafter referred to as respondent, has been and is using unfair methods of competition in commerce, as "commerce" is defined in said act, and it appearing to said Commission that a proceeding by it in respect 350 FEDERAL TRADE COl\Il\IISSION DECISIONS 349 Complaint 21F. T.C. thereto would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows: PARAGRAPH 1. Respondent, Vincent Maggiore, trading as The Amo-Line Company and Amo-Line Company, is an individual engaged in business in the city of Canton, State of Ohio. He is now and for more than one year last past has been engaged in the business of manufacturing and selling a cleanser and water-softener which he distributes to purchasers, many of whom reside in States other than the State of Ohio, and when orders are received therefor, they are filled by respondent by shipping the same from the said city of Canton, Ohio, into and through other States of the United States and in the District of Columbia, to the respective places of business or residence of such purchasers. PAR. 2. In the course and conduct of his business the said respondent was and ism substantial competition with other corporations, individuals, firms, and partnerships, likewise engaged in the sale and distribution of cleansers and water softeners between and among the various States of the United States and in the District of Columbia. PAR. 3. During all the time since or about the year 1918, the Clirnalene Company, a corporation organized and existing under and by virtue of the laws of the State of Ohio, and having its principal office and place of business in the city of Canton in said State, and one of the sellers mentioned in paragraph 2 hereof has been engaged in the manufacture, distribution, and sale of a cleanser and water-softener known to the trade as "Climalene", which name together with the general style of the package in which said cleanser and water-softener is sold has been registered by the said corporation in the United States Patent Office and bears trade mark No. 37330. Said package is light blue in THE AMO~LINE CO. 351 349 Complaint color with overprintings of dark blue and is of the style and character as follows:

Front, top, and side CLIMALENE [Trade mark) CLIMALENE for Boiling Clothes CLIMALENE Two tablespoonfuls in a (Trade mark reg. U.s. Pat. Office) half boiler of water, onefourth the usual amount of soap or soap chips.

Soaking Clothes A CLEANSER Two tablespoonfuls, half WATER Softener AND Soap SAVER tub water, one-fourth usual amount soap or soap chips.

Soak over night.

Washers FOR KITCHEN-LAUNDRY AND BATH Two tablespoonfuls in washer of water to water line, one~fourth usual amount soap or soap chips.

NET WEIGHT 12 Oz. Fine Fabrics Copyright 1932 by The CUmalene Co. For dainty things; use a pinch, warm water, pure mild soap. Wash by dipping up a.nd down.

CLIMALENE 113653m-38-vol. 21--25 Complaint 21 F. T. C. Back, bottom, and side CLIMALENE for The Bath CLIMALENE One tablespoonful to tub. A quick rich lather is made CLEANSER with soap. No high water WATER Softener mark is left on tub. Soap SAVER For KITCHEN-LAUNDRY AND BATH lVashing Dishes One teaspoonful in the CLIMALENE instantly takes the dishpan cuts the grease from harshness out of hard water • , • makes it dishes and cooking utensils. soft and gentle as Rain Water. It is per- Quickly cleans sink. fectly soluble in hot or cold water and is invaluable in the kitchen, laundry and bathroom. At the same time it instantly dis- Cleaning Silver solves all grease, dirt, and grime and so can be used wherever water of any kind is One teaspoonful in a pan used in cleaning. And thus cuts your of water. Boil the silver working time .•. One-Half or More .•. for two minutes, longer if saves soap .•. in washing, cleaning and badly stained. Rinse. in the dishpan. The saving in soap more than pays for Climalene.

Cleaning Floors THE CLIMALENE Co., CANTON, OHio One teaspoonful in a pail of water renews floors, woodwork, linoleum, tiling to a fresh brightness.

PAR. 4. During and since the year 1934, the reapondent, in the course and conduct of his business has sold and distributed a cleanser and water-softener known as "Amo-Line", in cartons or packages in which said cleanser and water-softener is and has been displayed for THE AMO-LINE CO. 353 349 Complaint resale by dealers to the members of the public for their use; the said respondent's carton or package being of the same size as that of his co:rnpetitor mentioned in paragraph 3 hereof, is a light greenish blue in color with overprintings of dn.rk blue, and being of the style and character as follows:

Front, top, and side A MO-LINE A MO-LINE For Clothes Washing A MO-LINE Two to three tablespoonfuls in a boiler of warm water. Soak the clothes over night (if possible), wring into machine with hot water, add two tablespoonfuls and one-fourth the usual amount of soap.

Woolens and A Blan~ets NEW CLEANSER WATER SOFTENER Dissolve two tablespoon- SOAP AND fuls and little pure mild TIME SAVEll soap in a tub of warm water (not hot). Soap half hour.

Wash by dipping up and down-squeeze gently, rinse in lukewarm water.

Lingerie and Laces FOR BATH, LAUNDRY AND KITCHEN One teaspoonful in one NET WEJGHT-12 Oz. gallon of warm water. Add a little pure mild soap wash gentl,r and carefully -- by hand. Rinse well. A MO-LINE Complaint 21 F. T. C. Back, bottom, and side A MO-LINE AMO-LINE Tubs and Basins A NEW CLEANSER One teaspoonful to a wet cloth will remove all grease, WATER Softener, Soap AND TIME SAVER scum and stains. Makes Foa BATH, LAUNDRY AND KITCHEN the enamel a sparkling white.

Dishes and Glassware One teaspoonful in a dishpan of warm water cuts grease and .leaves surface clean.

A MO-LINE Brass and is the latest and greatest discovery of Silverware modern times-as a cleaner it has no equal. AMO-LINE cleans on a new One teaspoonful in two principle. It's different from other quarts of warm water. Do cleaners. It's stronger, betteri and yet not rub hard with cloth. less harmful. A little AMO-L NE goes a long ways. Just a teaspoonful in a dishpan of hot or cold water takes all the Floors and hardness and makes it as soft as rain Woodwork water. Cuts and dissolves dirt, grease or scum-just like magic. Can be used One tablespoonful into a for any kind of cleaning. pail of lukewarm water (not hot.) Rinse with When once you use A MO-Ll NE, you clean water and dry with can'' do without it damp cloth.

THE AMO-LINE CO.-CANTON, OHIO Paper Boxes & Cartons THE A. L. GARBER CO.

Ashland, Ohio PAR. 5. The Climalene Company, by its sale of 'its cleanser and water-softener in the carton depicted in paragraph 3 hereof, and by widely advertising the same throughout the United States has acquired a wide and favorable reputation for its product which is in great demand by the trade and purchasing public.

THE Al\iO-LINE CO, . 355 349 Findings PAR. 6. The carton or package above referred to in which respondent sells his cleanser and water-softener imitated and still imi~ates in many Particuln.rs the cartons or packages in which Climalene has been and is being packed and sold, and such similarity had and still has the capacity and tendency to confuse, deceive and mislead the trade and Public, and was and is calculated to and continues to confuse, mislead and deceive the trade and public. Under the ordinary conditions Which prevailed and still prevail in the usual course of business in the sale of such cleanser and water-softener, and in consequence thereof, lllembers of the trade and public were and are induced by the similarity of the packages or cartons to buy, and they did buy and continue to buy respondent's product, in the belief that they were and are purchasing the product sold by the Climalene Company. Trade has been and continues to be unfairly diverted from respondent's competitor and from· dealers in the product of respondent's competitor to the respondent and dealers who sell respondent's product and the use by respondent of the name and package described in paragmph 4 hereof has the tendency to and does place in the hands of retail dealers an instrumentality which permits them more easily to substitute the goods of respondent for those of another.

PAR. 7. The above acts and things caused to be done are and were each and all to the substantial prejudice and injury of the public and of respondent's competitor and constitute unfair methods of competition in commerce within the meaning and intent 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, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", the Federal Trade Commission on the 3rd day of Jul,1 1935 issued against and thereafter served its complaint upon respondent Vincent Maggiore, charging him ·with the use of unfair methods of competition in comlllerce in violation of the provisions of said Act. Respondent having failed to enter his appearance or file his answer to said complaint, a hearing was called before a trial examiner heretofore duly appointed, at which hearing the said respondent having appeared thereat person- Findings 21 F. T. C. ally and by attorney, before the taking of any testimony, stipulated on the recorq as to each and every one of the allegations in the com· plaint. Thereafter the Commission having duly considered the record and being now fully advised in the premises, makes this its report, stating its findings as to the facts and its conclusion drawn therefrom: FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, Vincent Maggiore, trading as The Amo-Line Company and Amo-Line Company, is an individual en· gaged in business in the city of Canton, State of Ohio. He is now and for more than one year last past has been engaged in the business of manufacturing and selling a cleanser and water-softener which he distributes to purchasers, many of whom reside in States other than the State of Ohio, and when orders are received therefor, they are filled by respondent by shipping the same from the said city of Canton, Ohio, into and through other States of the United States and in the District of Columbia, to the respective places of business or residence of such purchasers.

PAR. 2. In the course and conduct of his business the said respond· ent was and is in substantial competition with other corporations, individuals, firms, and partnerships, likewise engaged in the sale and distribution of cleansers and water-softeners between and among the various States of the United States and in the District of Columbia. PAR. 3. During all the time since or about the year 1918, the Climalene Company, a corporation organized and existing under and by virtue of the laws of the State of Ohio, and having its principal office and place of business in the city of Canton in said State, and one of the sellers mentioned in paragraph 2 hereof has been engaged in the manufacture, distribution, and sale of a cleanser and water-softener known to the trade as "Climalene", which name together with the general style of the package in which said cleanser and water-softener is sold has been registered by the said corporation in the United States THE AMO-LINE CO. 357 349 Findings Patent Office and bears trade mark No. 37330. Said pac;kage is light blue in color with overprintings of dark blue and is of the style and character as follows:

Front, top, and side CLIMALENE (Trade mark! CLIMALENEr for CLIMALENE Boiling Clothes (Trade mark Reli. U. B. Pat. Offi.ce) Two tablespoonfuls in a half boiler of water, onefourth the usual amount o{ soap or soap---chips. Soaking Clothea A Two tablespoonfuls, half CLEANSER tub water, one-fourth usual WATER Softener amount soap or soap chips. AND Soak over night. SOAP SAVER --- Washers Two tablespoonfuls in washer of water to water line, one-fourth usual amount soap or soap chips. ' ' . . . .Fine- Fabrica _ For dainty things: use a FOR KITCHEN-LAUNDRY and BATH pinch, warm water, pure NET WEIGHT 12 Oz. Copyright 1932 by the Cl!malene Co. mild soap. Wash by dipping up and down.

CLIMALENE Findings 21 F. T. C.

Back, bottom, and side CLIMALENE CLIMALENE CLEANSER for WATER Softener The Bath SOAP SAVER One tablespoonful to tub. For KITCHEN-LAUNDRY AND BATH A quick rich lather is made with soap. No high water mark is left on tub.

W asking Dishes One teaspoonful in the dishpan cuts the grease from dishes and cooking utensils.

Quickly cleans sink.

CLIMALENE instantly takes the harshness out of hard water makes Cleaning Silver it soft and gentle as Rain Water. It is One teaspoonful in a pan perfectly soluble in hot or cold water and of water. Boil the silver 1s invaluable in the kitchen, laundry and for two minutes, longer if bathroom. At the same time it instantly badly stained. Rinse. dissolves all grease, dirt, and grime and so can be used wherever water of any kind Cleaning Floors is used in cleaning. And thus cuts your One teaspoonful in a pail working time. • • One-Half or More. • • of water renews floors, saves soap .•• in washing, cleaning and woodwork, linoleum, tiling in the dishpan. The saving in soap more to a fresh brightness. than pays for Climalene.

THE CLIMALENE Co., CANTON, OHIO PAR. 4. During and since the year 1934, the respondent, in the course and conduct of his business has sold and distributed a cleanser and water-softener known as "Amo-Line", in cartons or packages in which said cleanser and water-softener is and has been displayed for resale by dealers to the members of the public for their use; the said respondent's carton or package being of the same size as that of his competitor mentioned in paragraph 3 hereof, is a light greenish blue THE A~!O-LINE CO. 359 349 Findings in color with overprintings of dark blue, and being of the style and character as follows:

Front, top, and side A MO-LINE A MO-LINE For Clothes Washing AMO-LINE Two to three tablespoonfuls in a boiler of warm water: Soak the clothes over night (if possible), wring into machine with hot water, add two tablespoonfuls and one-fourth the usual amount of soap.

Woolens and A Blankets NEW CLEANSER Dissolve two tablespoon- WATER SOFTENER fuls and little pure mild soap in a tub of warm water Soap ANI> (not bot), Soak half hour. TIME SAVER wash by dipping up and down-squeeze gently, FOR BATH, LAUNDRY AND KITCHEN rinse in lukewarm water. NET WEIGR'l'-12 Oz.

Lingerie and Laces One teaspoonful in one gallon. of warm water. Add a little pure mild soap wash gently and carefully by hand. Rinse well.

AMO-LINE Findings 21 F. T. C.

Back, bottom, and side A MO-LINE Tubs and AMO-LINE Basins A NEW CLEANSER One teaspoonful to a wet cloth will remove all grease, water SOFTENER, SOAP AND TIME SAVER scum and stains. Makes For BATH, LAUNDRY AND KITCHEN the enamel a sparkling white.

Dishes and Glassware A MO-LINE One teaspoonful in a is the latest and greatest discovery of dishpan of warm water modern times--as a cleaner it has no cuts grease and leaves surequal. AMO-LINE cleans on a new face clean. principle. It's different from other cleaners. It's stronger, better, and yet less harmful. A little AMO-LINE goes a long ways. Just a teaspoonful in a dish- Brass and pan of hot or cold water takes all the Silverware the hardness and makes it as soft as rain water. Cuts and dissolves dirt, grease or One teaspoonful in two scum-just like magic. Can be used for quarts of warm water. Do any kind of cleaning. not rub hard with cloth. When once you uae AMO-LI NE, you can't do without it Floors and Woodwork One tablespoonful into a pail of lukewarm water (not THE AMO-LINE CO.-CANTON, OHIO hot). Rinse with clean water and dry with damp cloth.

Paper Boxes & Cartons The A. L. GARBER 00.

Ashland Ohio PAR. 5. The Climalene Company, by its sale of its cleanser and water-softener in the carton depicted in paragraph 3 hereof, and by widely advertising the same throughout the United States has ac· THE AMO-LINE CO. 361 349 Order quired a wide and favorable reputation for its product which is in great demand by the trade and purchasing public. PAR. 6. The carton or package above referred to in which respondent sells his cleanser and water-softener imitated and still imitates in many particulars the cartons or packages in which Climalene has been and is being packed and sold, and such similarity had and still has the capacity and tendency to confuse, deceive, and mislead the trade and public, and was and is calculated to and continues to confuse, mislead; and deceive the trade and public. Under the ordinary conditions Which prevailed and still prevail in the usual course of business in the sale of such cleanser and water-softener, and in consequence thereof, members of the trade and public were and are induced by the similarity of the packages or cartons to buy, and they did buy and continue to buy respondent's product, in the belief that they were and are purchasing the product sold by the Climalene Company. Trade has been and continues to be unfairly diverted from respondent's competitor and from dealers in the product of respondent's competitor to the respondent and dealers who sell respondent's product and the use by respondent of the name and package described in paragraph 4 hereof has the tendency to and does place in the hands of retail dealers an instrumentality which permits them more easily to substitute the goods of respondent for those of another.

CONCLUSION The practices of the respondent and the acts and things he caused to be done under the conditions and circumstances described in the foregoing findings are and were each and all to the substantial prejudice and bjury of the public and of respondent's competitor and constitute unfair methods of competition in interstate commerce within the meaning and intent of Section 5 of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes". ORDER TO CEASE AND DESIST This proceeding having been ordered to be heard by the Federal Trade Commission upon the complaint of the Commission, and the respondent, upon the opening of the hearing, having stipulated on the record as to all the allegations of the complaint andt the Commission having made its report in writing in which it stated 1ts findings as to the facts with its conclusion that the respondent had violated the pro- Order 21 F. T. C.

visions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", and the Commission being fully ad vised in the premises- It is now ordered, That the respondent, Vincent Maggiore, trading as The Amo-Line Company or trading under any other name, his agents, representatives and employees, in the manufacture, packaging, advertising and sale of cleansers and water-softeners, or other mer• chandise in interstate commerce, do cease and desist from: (1) Using, in connection with the sale, offering for sale or advertising of any cleanser and water-softener or similar commodity, the name Amo-Line.

(2) Marketing, displaying, advertising, or offering for sale any cleanser and water-softener or other merchandise in packages, cartons or contniners deceptively similar in color, combinations of color, lettering, or design to packnges, cartons, or containers of any competi .. tor of respondent engaged in the sale of such commodities. (3) Specifically, simulnting the packages, labels, brand names, or advertising of the Climalene Company, an Ohio corporation. (4) Selling or offering for sale any cleanser and water-softener or other merchandise in packages, cartons, or containers so contrived and designed that the appearance thereof in conjunction with any brand name, howsoever contrived, printed, or depicted on said pack· ages, cartons, or containers, has the capacity and tendency to confuse, deceive, and mislead dealers and members of the public into the belief that respondent's cleanser and water-softener or other mer· chandise is the cleanser and water-softener or other merchandise of a competitor.

It is further ordered, That the respondent, Vincent Maggiore, shall within 30 days after the service of this order file with the Federal Trade Commission a report in writing, setting forth in detail the manner and form in which he has.complied with the order to cease and desist.

GOTTLIEB BROTHERS, MFRS. OF SILK UNDERWEAR, INC. 363 Complaint