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Schickerling Research Laboratory, Conrad

Volume 30 · 30 F.T.C. 1105

Citation
30 F.T.C. 1105
Docket
4042
Complaint
1940-02-28
Decision
1940-04-30
Document type
final order
Case type
consumer protection
Statutes
FTC Act (section 5)
Industry
incandescent lamps
Outcome
cease and desist
Relief
cease_and_desist; compliance_reporting
Commission counsel
Dorwvan R. Divet
Source
Original volume PDF
Original PDF
This decision as a PDF

deceptive advertising

Cite this decision

Schickerling Research Laboratory, Conrad, 30 F.T.C. 1105 (1940). Consumer Law Library, https://consumerlawlibrary.org/decisions/v030-0123

Report an error in this record (decision id v030-0123)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF CONRAD SCHICKERLING, TRADING AS CONRAD SCHICKERLING RESEARCH LABORATORY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket .qo.q2. OomqJlaint, Feb. 28, 191,0-Decision, Apr. 80, 1940 Where an individual engaged in sale and distribution of various types of incandescent lamps for use with photography, to purchasers in various other States and in the District of Columbia, in substantial competition with others engaged in sale and distribution, In commerce as aforesaid, of such lamps adapted to and used for same general purposes- ( a) Represented, in advertisements of said products in newspapers, periodicals and other publications in general circulation among the various States, and in circulars, price lists and other printed or written matter distributed among purchasers and prospective purchasers, that his "Mushroom Bulb Photo Flood Lamp," or "Full Sun Spectrum Photo Flood Krypton Lamp," was 8 amperes and had output of 38,000 lumens, and contained a coil filament or cooling coil between wire and filament peculiar to said particular device and not found in the ordinary lamp, facts being said lamp was not 8 amperes, but substantially less, had a lumen output substantially less than that set forth, and did not contain coll filament or cooling col between wire and filament.peculiar to device in question, but only such a coil as is used in practically all lamps of said general nature ; (b) Represented, as aforesaid, that said lamp was more effective in blackening a negative than other lamps used for the same purpose, and had a 10-hour peak performance, was covered by United States patent rights belonging to him and contained rare gases not ordinarily contained in other lamps of same type, and that said lamp contained crypton gas and had average life of 20 hours at 115 volts, and contained, or had, or brought about, color balance, facts being it did not have an improved color balance, or color balance of any kind whatsoever, was not more etrective in blackening a negative than other lamps used for said purpose, had a peak performance of substantially less than 10 hours, was not covered by patent as aforesaid, contained no rare gases not ordinarily used in such devices of same type, but contained ordinary argon nitrogen gases used in majority of other lamps of same kind or type, did not contain crypton gas, except for small amount found in all argon gas, and average life of said bulb was substantially less than 20 hours at 115 volts;

(c) Represented that his said "Photo Enlarging Lamp" contained coil filament or cooling coil between wire and filament, and that such a device or arrangement was peculiar to his lamp and not be found in ordinary lamp, and that his said lamp contained crypton gas, facts being it did not contain such a cool coil or cooling coil, which, found in practically all lamps of such general nature, would not be peculiar to his said device, and it did not contain crypton gas except for small a.mount found in all argon gas, used in most other lam·ps of same type;

(d) Represented that his "'1,000 Flash' Photo-Flash-Flood-Lamp" bad· Dufay color correction, and that be might rightfully use such correction with or Complaint 30F. T. C.

In said lamps, and that lt was a flash bulb or flashed instantaneously, and that for a split second it produced flash or light more intense than at any other time, facts being it did not have such correction and he had no right to use same with or lu said device, which was not a flash bulb, but a flood lamp, and it did not flash Instantaneously as do flash bulbs, nor have a split second, or any other period of time, producing flash or light more intense than that produced at any other time; (e) Represented that his "'200 Flash' Photo Lamp" was a flash lamp which worked automatically, and would flash 200 times and replace 200 ordinary flashlight bulbs, and that It was made under his United States patent rights, facts being it was not a flash lamp, but primarily a flood lamp, did not work automatically since it was necessary to shut off current or remove lamp from socket after each flash, failing which it would not light up accurately when next used, and it would not replace 200 flashlight bulbs or any other number of ordinary flashlight bulbs, and was not covered by a United States patent; and (f) Made use of trade name including words "Research Laboratory," for the conduct of his said business, and displayed such name in his aforesaid advertisements, and thereby represented that, as part of business In question, he owned, controlled, and directed a research laboratory where such work was conducted in connection with the production of his said lamps, facts being he neither owned, controlled, nor directed any such laboratory, and at no time concerned engaged in direction, control, or conduct of any such research work; .

With tendency and capacity to mislead purchasers and prospective purchasers into erroneous and mistaken belief that his said represenilitions, as above set forth, were true, and to induce them to purchase said lamps on account thereof, and thereby to divert trade unfairly to him from· competitors engaged in sale in commerce of incandescent lamps used In photography, and including those who, In the sale of their said products, do not similarly or In any manner misrepresent the same or matters pertaining thereto; to the substantial Injury of competition in commerce : Held, That such nets and practices, under the circumstances set forth, were all to the prejudice of the public and competitors, and constituted unfair methods of com'petition in commerce and unfair and deceptive acts and practices therein.

Mr. Dorwvan R. Divet for the Commission.

Complaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that Conrad Scflickerling, an individual trading as Conrad Schickerling Research Laboratory, hereinafter referred to as respondent, has violated the provisions of said act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows: PARAGRAPH 1. Respondent Conrad Schickerling is an individual trading as Conrad Schickerling Research Laboratory, with his office CONRAD SCHICimRLING RESEARCH LABORATORY 1107 1105 Complaint and principal place of business at 589 Central Avenue, in the city of Orange, State of New Jersey.

PAR. 2. Respondent is now and for more than 3 years last past has been engaged in the sale and distribution in commerce between and among the various States of the United States of various types of incandescent lamps, including incandescent lamps known as Schickerling Mushroom Bulb Photo Flood Lamps, sometimes known as Schickerling Full Sun Spectrum Photo Flood Krypton Lamps, Schickerling Photo Enlarging Lamps, Schickerling "1,000 Flash" Photo-Flash-Flood-Lamps, and Schickerling "200 Flash" Photo Lamps, all of which said lamps are sold and distributed by respondent for use in connection with photography. Respondent, in the course and conduct of said business during the time aforesaid, caused and does now cause his said lamps, when sold, to be transported from his 1:aid place of business in New Jersey, to, into, and through States of the United States other than New Jersey and into the District of Columbia to the purchasers thereof.

PAR. 3. During the time above mentioned, other individuals, and firms and corporations, in various States of the United States have been and are now engaged in the sale and distribution in commerce among and between the various States of the United States and in the District of Columbia of incandescent lamps adapted to and used for the same general purposes as respondent's said lamps. Respondent has been, during the time aforesaid, and now is in substantial competition in commerce between and among the various States of the United States in the sale of his said incandescent lamps with such other individuals, firms, and corporations. ' PAR. 4. In the course and conduct of his aforesaid business and in furtherance of the sale of his products, respondent has caused various statements and representation~ relative to said products to be inserted in newspapers, periodicals and other publications having a general circulation among and between the various States of the United States, and in circulars, price lists, and other printed and written matter distributed among purchasers, and prospective purchasers. Among and typical of the statements and representations made by respondent concerning the said Schickerling Mushroom Bulb Photo Flood Lamp, sometimes described as Full Sun Spectrum Photo Flood Krypton Lamp, are the following:

8 amperes 38,000 lumens Concentrated cool coil filament Improved color balance Much higher actinic value 10 hour peak performance 1108 FEDERAL TRADE COMMISSION D'EOIS:IONS Complaint 30F. T. C.

Made under license of United States patent rights of Conrad Schickerling Rare inert gases "Krypton" Lamp Rated average laboratory life at 115 volts is 20 hours Among and typical of the statements and representations disseminated and caused to be disseminated concerning respondent's said Schickering Photo Enlarging Lamp is that it is a "Koolkoil Krypton" lamp. .

Among and typical of the statements and representations disseminated and caused to be disseminated as aforesaid, concerning respondent's said Schickerling "1,000 Flash" Photo-Flash-Flood- Lamp, are the following:

Dufay Color Correction Lamps and Dufay-Flash Color Correction Lamps Automatic controlled-each extra ordinary instantaneous flash of approximately 52,000 lumens of a few seconds durations, producing artificial sunlight illumination at split second peak of light. Among and typical of the statements and representations disseminated and caused to be disseminated concerning respondent's said Schickerling "200 .Flash" Photo Lamp, are the following~ Schickerling "200 Flash" (works automatically) Photo-Lamp; 200 flashes in one bulb.

This new bulb replaces 200 ordinary flash light bulbs Made under license of United States patent rights of Conrad Schlckerling. PAR. 5. Through the use of the above and foregoing statements and representations, as well as others of similar import and meaning not herein set out, the respondent represents and implies: That respondent's said Mushroom Bulb Photo Flood Lamp, som~­ times described as Schickerling Full Sun Spectrum Photo Flood Krypton Lamp, is 8 amperes and has a lumen output of 38,000 lumens; contains a coil filament; or that it contains a cooling coil between the wire and filament and that such device or arrangement is peculiar to respondent's lamp or is not to be found in the ordinary ]amp; is more effective in blackening a negative than other lamps used for the same purpose, and has a 10-hour peak performance; is coverecl by United States patent rights belonging to respondent, and contains rare gases not ordinarily contained in other lamps of the same type; contains crypton gas and has an average life of 20 hours at 115 volts; nnd contains, or has, or brings about, color balance. That respondent's said Schickerling Photo Enlarging Lamp contains a coil filament; or that it contains a cooling eoil between the wire and filament and that such device or arrangement is peculiar to respondent's lamp or is not to be found in the ordinary lamp; and that said lamp contains crypton gas.

CON'RAD S'CHICKERLING RESEARCH LADO'RATORY 1109 1105 Complaint That respondent's said "1,000 Flash" Photo-Flash-Flood-Lamp has Dufay color correction, and that respondent may rightfully use Dufay color correction with or in said lamp; and that it is a flash bulb or flashes instantaneously, and for a split second produces a flash or a light more intense than at any other time. That respondent's said "200 Flash" Photo Lamp is a flash lamp which works automatically; that it will flash 200 times and replace 200 ordinary flashlight bulbs; and is made under United States patent. rights of respondent.

PAR. 6. The above and foregoing statements and representations ore false, misleading and deceptive for, in truth and in fact, respondent's said Mushroom Bulb Photo Flood Lamp sometimes described as Schickerling Full Sun Spectrum Photo Flood Krypton Lamp, is not 8 amperes but is substantially less, and it has a lumen output of ~ubstantially less than 38,000 lumens. It does not contain a coil filament and a cooling coil betwen the wire and filament which i3 peculiar to respondent's lamp but only such a coil as is used in practically all lamps of this general nature, nor does it have an improved color balance or a color balance of any kind whatsoever. It is not more effective in blackening a negative than other lamps used for the same purpose, and it has a peak performance of substantially les~ than 10 hours, and it is not covered by a United States patent. It does not contain rare gases not ordinarily used in incandescent lamps of the same type, but, on the contrary, contains the ordinary argon nitrogen gases used in the majority of other incandescent lamps of this kind or type. It does not contain crypton gas except for the !'mall amount found in all argon gas. The average life of this bulb is substantially less than 20 hours at 115 volts. Said Schickerling Photo Enlarging Lamp does not contain a cool coil or a cooling coil between the wire and filament. A cooling coil between the wire and filament would not be peculiar to ret=lpondent's said lamp, for such cooling. coils are found in practically all lamps of this general· nature. Said bulb does not contain crypton gas except for the small amount :found in all argon gas which argon gas is used in most other lamps of tlils same type. Respondent's said "1,000 Flash" Photo-Flash-Flood-Lamp does not have Dufay color correction and respondent does not have and never has had the right to use Dufay color correction with or in said lamp. lt is not a flash bulb but is a flood lamp. It does not flash instantaneously as do flash bulbs and it does not :for a split second or for any period of time produce a flash or a light more intense than that produced at any other time. In truth and in fact, the bulb known in photography as a flash bulb can be used but once as it burns out in one lighting. Respondent's said "200 Flash" 1110 FEDERAL TRADE COMMISSION DEOIS:IONS Complaint 30F.T.C.

Photo Lamp is not a flash lamp but is primarily a flood lamp. It does not work automatically because it is necessary to shut off the electric current or to remove the lamp from the socket after each flash, for without such shutting off or removal the said lamp will not light up accurately the next time it is used. Said globe will not replace 200 flashlight bulbs or any other number of ordinary flashlight bulbs and it is not covered by a United States patent. PAR. 7. Respondent at all times herein mentioned has conducted and now does conduct his said business under the name of Conrad Shickerling Research Laboratory, and on the said advertisements heretofore mentioned has printed and does print or cause to be printed the words "Conrad Shickerling Research Laboratory." By the use of said name and said words respondent represents that as a part of said business he owns, controls, and directs a laboratory where research work is conducted in connection with the production of his said lamps. In truth and in fact, respondent does not own, control, or direct and never at any time herein mentioned has owned, controlled, or directed a laboratory where such research work is conducted, and respondent is not now and at no time herein mentioned has been engaged. in the direction, control, or conduct of any such research work.

PAR. 8. The aforesaid acts and practices, used by respondent in connection with the offering for sale and sale of his said incandescent lamps, have had and now have the tendency and capacity to mislead purchasers and prospective purchasers thereof into the erroneous and mistaken belief that said representations as herein alleged are true and .to induce them to purchase said lamps on account thereof, and thereby to divert trade unfairly to respondent from competitors engaged in the sale in commerce between and among the various States of the United States and in the District of Columbia of incandescent lamps used in photography. There are among the competitors of respondent mentioned in paragraph 3 hereof of those who in the sale of their incandescent lamps do not similarly or in any manner misrepresent the same or matters pertaining thereto. As a result of respondent's said practices, as herein ·set forth, substantial injury has been and is now being done by respondent to competition in commerce between and among the various States of the United States.

PAR. 9. The aforesaid acts and practices of respondent, as herein alleged, are all to the prejudice of the public and of respondent's competitors and constitute unfair methods of competition in commerce and unfair and deceptive acts and practices in commerce within the intent and meaning of the Fede1ral Trade ~commis­ sion Act.

CONUAD SCHICKEHLING RESEARCH LAUO'HATORY 1111 1105 Findingsr HF.loi<T, FINIHKGS AS TO THE Facts, ANO OnoER l~ursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on the 28th day of February 1940, issued and served its complaint in this proceeding upon the respondent, Conrad Schickerling, an individual, trading as Conrad Shickerling Research Laboratory, charging him with the use of unfair methods of competition and unfair and deceptive acts and practices in commerce, as "commerce" is defined in the Federal Trade Commission Act, in violation of the provisions of saiu act. On the 15th day of March 19JO, the respondent filed his answer, in which answer he admitted all the material allegations of fact set forth in said complaint and waived all inte.rvening procedure and further hearing as to said facts. Thereafter, the proceeding regularly came on for final hearh1g before the Commission on the said complaint and the answer thereto, and the Commission having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public, and makes this its findings as to the facts and its conclusion drawn therefrom.

}TNDINGS AS TO Tile FACTS P AHAGHAI'II 1. Re8ponclcnt Conracl Schickerliug is an individual trading as Conrad Schickerling Research Laboratory, with his office and principal place of business at 589 Central Avenue, in the city of Orange, State of New Jersey.

PAR. 2. Respondent is now and for more than 3 years last past has been engaged in the sale and distribution, in commerce between and among the various States of the United States, of various types of incandescent lamps, including incandescent lamps known as Schickerling Mushroom Bulb l~hoto Floocl Lamps, sometimes known as Schickerling Full Sun Spectrum Photo Flood Krypton Lamps, Schickerling Photo Enlarging Lamps, Schickerling "1,000 Flash" Photo-Flash-Flood-I.amps, and Schickerling "200 Flash" Photo Lamps, all of which said lamps are sold and distributed by respondent for use in connection with photography. Respondent, in the course and conduct of said business during the time aforesaid, caused and does now cause his said ]amps, when sold, to be transportecl from his said place of business in New Jersey to, into, and through States of the United States other than New Jersey and into the District of Columbia, to the purchasers thereof.

}JAR. 3. During the time above mentioned, other individuals, and firms and corporations, in Yarious States of the United States have been and are now engaged in the sale and distribution, in commerce among and between the various States of the United States and in 26060u'"-41-vol. 30-73 1112 F.EDrEil..\L Tlt.Also COI\Ll\11;-i.";JON DEOISlONS I!' in dings :J,() I!'. '.r. c. the Distr·iet of Columbia, of incandescent lamps adapted to and used for the same general purposes as respondent's said lamps. Respondent has been, during the time aforesaid, and now is in substantial competition, in commerce between and among the various States of the United States, in the sale of his said incandescent lamps with such other individuals, firms, and corporations. PAR. 4. In the course and conduct of his aforesaid business and in furtherance of the sale of his products, respondent has caused various statements and representations relative to said products to be inserted in newspapers, periodicals, and other publications having a general drculation among and between the various States of the United States, and in circulars, price lists, and other printed and written matter distributed among purchasers and prospective purchasers. Among and typical of the stat€ments and representations made by respondent concerning the said Schickerling Mushroom Bulb Photo Flood Lamp, sometimes described as Full Sun Spectrmn Photo Flood Krypton Lamp, are the following:

8 amperes 38,000 lumens Concentrated cool, coil filament Improved color balance l\Iuch higher actinic value 10-hour peak performance Made under llce:>nse of U. S. Patent rights of Conrad Scliickerling. Rare inert gases "Krypton" Lamp Hated average laboratory life at 115 volts is 20 hours. Among and typical of the statements and representations disseminated and caused to be disseminated concerning respondent's said Schickerling Photo Enlarging Lamp is that it is a "Koolkoil Krypton" lamp.

Amollg and typical of the statements and representations disseminated and caused to be disseminated as aforesaid, concerning respondent's said Schickerling "1,000 Flash" Photo-Flash-Flood-Lamp, are the following :

Dufay Color Correction Lamps and Dufay-Flash Color Correction Lamps.

Automatic controlled--each extra ordinary instantaneous flash of approx. 52,000 lumens of a few seconds durations, producing artificial sunlight Uluminaton at split second peak of Light.

Among and typical of the statements and representations disseminated and caused to be disseminated concerning responuent's said Schickerling "200 Flash" Photo Lamp, are the following: Schickerling "200 Flash" (works automatically) Photo-Lamp; 200 flashes in one bulb.

CONRAD SCHICKERLING RESEARCH LABORATORY 1113 1105 l•'iudings This new bulb replaces 200 ordinary tlashllght bulbs. Made under license of U. S. Patent rights of Conrad Schlckerling. PAR. 5. Through the use of the above and foregoing statements o,nd representations, as well as others of similar import and meaning not herein set out, the respondent represents and hnpiies: That respondent's said Mushroom Bulb Photo Flood Lamp, sometimes described as Schickerling Full Sun Spectrum Photo Flood Krypton Lamp is 8 amperes and has a lumen output of 38,000 lumens; con~ tains a coil filament; or that it contains a cooling coil between the wire and filament and that such device or arrangement is peculiar to respondent's lamp or is not to be found in the ordinary lamp; is more effective in blackening a negative than other lamps used for the same purpose, and has a 10-hour peak performance; is covered by United States patent rights belonging to respondent, and contains rare gases not ordinarily contained in other lamps of the same type; contains crypton gas and has an average life of 20 hours at 115 volts; and contains, or has, or brings about, color balance. That respondent's said Schickerling Photo Enlarging Lamp contains a coil filament; or that it contains a cooling coil between the wire and filament and that such a device or arrangement is peculiar to respondent's lamp or is not to be found in the ordinary lamp; and that said lamp contains crypton gas.

That respondent's said ''1,000 Flash" Photo-Flash~Flood~Lamp has Dufay color correction, and that respondent may rightfully use Dufay color correction with or in said lamp; and that it is a flash bulb or flashes instantaneously, and for a split second produces a flash or a light more intense than at any other time. That respondent's said ''200 Flash" _Photo Lamp is a flash lamp which works automatically; that it will flash 200 times and replace 200 ordinary flashlight bulbs; and is made under United States patent rights of respondent.

PAR. 6. The above and foregoing statements and representations are false, misleading, and deceptive for, in truth and in fact, respondent's said Mushroom Bulb Photo Flood Lamp sometimes described as Schickerling Full Sun Spectrum Photo Flood Krypton Lamp, is not 8 amperes but is substantially less, and it has a lumen output of substantially less thanr 38,000 lumens. It does not contain a coil filament, or a cooling coil between the wire and filament which is peculiar to respondent's lamp but only such a coil as is used in practically all lamps of this general nature, nor does it have an improved color balance or a color balarice of any kind whatsoever. It is not more effective in blackening a negative than other lamps used for the same purpose, and it has a peak performance of substantially less than 10 hours, and it is not coverecl by a UnitPtl RtntP.s Patent. 1114 FEDERAL TRADE COl\Il\llSSlON DE.C[S'IO~S Fimliugs ao I<'. T. cJ. It does not contain rare gases not ordinarily used in incandescent lamps of the same type, but, on the contrary, contains the ordinary argon nitrogen gases used in the majority of other incandescent lamps of this kind or type. It does not contain crypton gas except for the small amount found in all argon gas. The average life of this bulb is substantially less than 20 hours at 115 volts. . Said Schickerling Photo Enlarging Lamp does not contain a cool coil or a cooling coil between the wire and filament. A cooling coil between the wire and filament would not be peculiar to respondent's Raid lamp, for such cooling coils are found in practically all lamps of this general nature. Said bulb does not contain crypton gas except for the small amount found in all argon gas which argon gas is used in most other lamps of this same type.

Respondent's said "1,000 Flash" Photo-Flash-Flood-Lamp does not have Dufay color correction and respondent does not have and never has had the right to use Dufay color correction with or in said lamp. It is not a flash bulb but is a flood lamp. It does not flash instanttaneously as do flash bulbs and it does not for a split second or for any period of time produce a flash or a light more intense than that produced at any-other time. In truth and in fact, the bulb known in photography as a flash bulb can be used but once as it burns out in one lighting. Respondent's said "200 Flash" Photo Lamp is not a flash lamp but is primarily a flood lamp. It does not work automatically because it is necessary to shut off the electric current or to remove the lamp from the socket after each flash, for without such shutting off or removal the said lamp will not light up accurately the next time it is used. Said globe will not replace 200 flashlight bulbs or any other number of ordinary flashlight bulbs and it is not covered by a United States patent. PAR. 7. Respondent at all times herein mentioned has conducted and now does conduct his said business under the name Conrad Schickerling Research Laboratory, nnd on the said advertisements heretofore mentioned has printed and does print or cause to be printed the words "Conrad Schickerling Research Laboratory." By the use of said name and said words respondent represents that as a part of said business he owns, controls and directs a laboratory where research work is conducted in connection with the production of his Raid lamps. In truth and in fact, respondent does not own, control, or direct and never at any time herein mentioned has owned, controlled, or directed a laboratory where such research work is conducted, and respondent is not .now and at no time herein mentioned has been engag-ed in the direction, control, or conduct of any such research work.

CONRAD SCHICKEULI.NG RESEARCH LABORATORY 1115 1103 Order PAR. 8. The aforesaid acts and practices, used by respondent in connection with the offering for sale and sale of his said incandescent lamps, have had and now have the tendency and capacity to mislead purchasers and prospective purchasers thereof into the erroneous and mistaken belief that said representations as herein alleged are true and to induce them to purchase said lamps on account thereof, and thereby to divert trade unfairly to respondent from competitors engaged. in the sale in commerce between and among.1g the various States of the United States and in the District of Columbia of incandescent lamps used h1 photography. There are among the competitors of respondent mentioned in paragraph 3 hereof those who in the sale of their incandescent lamps do not similarly or in any manner misrepresent the same or matters pertaining thereto. As a result of respondent's said practices, as herein set forth, substantial injury has been and is now being done by respondent to competition in commerce between and among tho various States of the United States.

CONCLUSION The aforesaid acts and practices of respondent, as herein found, nre all to the prejudice of the public and of respondent's competitors and constitute unfair methods of competition in commerce and unfair and deceptive acts and. practices in commerce within the intent and meaning of the Federal Trade Commission Act. ORDER TO CEASE AND DESIST This proceeding having been heard and considered by the Federal Trade Commission upon the complaint, and the answer of rc!:ipondt•nt, in which answer respondent ~dmits all the mat€rial allegations of fact set f01;th in said complaint and states that he waives all intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and conclusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, Conrad Schicker ling, !tis representatives, agents, and employees, directly or through any corporate or other device, in c01mection with the offering for sale, sale and · distribution of the incandescent lamps now known as Schickerling Mushroom Bulb Photo Flood Lamps, sometimes known as Schickerling Full Sun Spectrum Photo Flood Krypton Lamps, and of the incandescent lamps now known as Schickerling Photo Enlarging- Lamps, and of the incandescent lamps ·now known as "1,000 Flash" Photo-Flash-Flood-Lamps, and of the incandescent lamps now known as "200 Flash" Photo Lamps, whether sold under these names 1116 l'.EJ.)KUAL TRADE COMM~SION DEQISLONS Order 30F. 1'. U.

or under any other names in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Representing that the amperage of respondent's said Mushroom Bulb Photo Flood Lamp, sometimes described as Schickerling Full Sun Spectrum Photo Flood Krypton Lamp, is 8 amperes or any number of amperes in excess of that actually present, or that the lumen output is 38,000 lumens or any other number of lumens in excess of the lumens actually produced; or that said lamp contains a coil filament, or contains a cooling coil between the wire and filament; that said lamp is more effective in blackening a negative than other lamps used for the same purpose, or has a 10-hour peak performance or is covered by United States patent rights; that it contains rare gases not ordinarily contained in lamps of the same type, or that it contains krypton gas; that it contains or has or brings about color balance, when such is not the fact; that such a device or arrangement as a coil filament, or cooling coil between wire and filament, is peculiar to respondent's said lamp or is not to be found in the ordinary lamps used for the same purpose; or that the average life of its said lamp is 20 hours on a 115-volt circuit. 2. Representing that respondent's said Schickerling Photo Enlarging Lamp contains a coil filament, or that it contains a cooling coil between the wire and filament; or that such a device or arrangement is peculiar to respondent's said lamp, or is not to be found in the ordinary lamp, or that said lamp contains krypton gas. 3. Representing that respondent's said "1,000 Flash" Photo-Flash- Flood Lamp has Dufay color correction, or that respondent may rightfully use Dufay color correction with or in said lamp, or in any lamp, or that said lamp is a flash bulb, or flashes instantaneously, or for a split second produces a flash or a light more intense than at any other time. 4. Representing that respondent's said "200 Flash".Photo Lamp is a flash lamp which works automatically, or that it is made under United States patent rights of the respondent, or in any way misrepresenting the number of times it will flash.

5. Using the words "research laboratory" or the word "laboratory" or any other similar word, words, or phrases in his trade name or in connection with his business, when respondent does not own and operate or directly and absolutely control an appropriately equipped laboratory where research work in connection with said business is conducted by trained technicians.

It is further ordered, That the respondent shall, within 60 days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with this order.

STAND'ARD BRANIAS, INC., ET AL. 1117 Syllabus

← 30 F.T.C. 1103 · 30 F.T.C. 1117 →