P-X Camera Exchange, Inc.

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

In THe Marrer or P-X CAMERA EXCHANGE, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE. FEDERAL TRADE COMMISSION ACT Docket 6878. Complaint, Aug. 80, 1957—Decision, Feb. 1, 1958 Consent order requiring distributors of photographic equipment and supplies in New York City to cease representing falsely through use of the term ‘‘C. Z. Jena” in advertisements and prominently inscribed on the lenses, that the Japanese-made movie lenses they sold—on which the name ‘‘Japan” in very small letters was concealed under a screwed-on protective cap—were made by Carl Zeiss, the well-known German manufacturer. Mr. Terral A. Jordon for the Commission.

Ady. Jesse Cohen, of New York, N.Y., for respondents. Initiau Decision By Frank Hier, Heartne Examiner Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on August 30, 1957, issued and subsequently served its complaint in this proceeding against respondents. P-X Camera Exchange, Inc. and Janrus Camera, Inc., corporations existing and doing business under and by virtue of the laws of the State of New York, and Herbert. Robbins, individually and as president-treasurer of each of said corporations. The office and principal place of business of said respondents is located at No. 37 West 47th Street, New York 36, N.Y.

On November 18, 1957, there was submitted to the undersigned hearing examiner an agreement between respondents and counsel supporting the complaint providing for the entry of a consent order. By the terms of said agreement, respondents admit all the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations. By such agreement, respondents waive any further procedural steps before the hearing examiner and the Commission; waive the making of findings of fact and conclusions of law; and waive all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement. Such agreement further provides that it disposes of all of this proceeding as to all parties; that the record on which this initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement; that the latter shall not become a. part of the official record unless and P-X CAMERA EXCHANGE, INC., ET AL. 999 998 Order until it becomes a part of the decision of the Commission; that the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint; and that the following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents, and, when so entered, it shall have the same force and effect as if entered after a full hearing, and may be altered, modified, or set aside in the manner provided for other orders; and that the complaint may be used in construing the terms of the order. The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued.

1. Respondents P-X Camera Exchange, Inc., and Janrus Camera Inc., are corporations organized, existing and doing business under the laws of the State of New York, with their office and principal place of business located at No. 37 West 47th Street, New York, N.Y. Respondent Herbert Robbins is an individual and is president-treasurer of respondent Janrus Camera, Inc. He is not an officer of respondent P-X Camera Exchange, Inc. ‘The office and principal place of business of the individual respondent is the same as that of the corporate respondents.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered, That respondents P-X Camera Exchange, Inc., a corporation, and its officers, and Janrus Camera, Inc., a corporation, and its officers, and Herbert Robbins, individually and as an officer of Janrus Camera, Inc., and each of respondents’ agents, representatives, or employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of movie lenses, in commerce, as ‘“commerce”’ is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Using the term “‘C. Z. Jena” to describe movie lenses not manufactured by ‘Carl Zeiss” in Jena, Germany, or using any other term which misrepresents the manufacturer or country of origin of said movie lenses.

It is further ordered, That the complaint be, and the same hereby is, dismissed as to respondent Herbert Robbins as an officer of respondent. P-X Camera Exchange, Inc. only, but not as an individual. Decision 54 F.T.C.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to section 3.21 of the Commission’s rules of practice, the initial decision of the hearing examiner did, on the 1st day of February 1958, become the decision of the Commission; and, accordingly: Jt is ordered, That the respondents P—X Camera Exchange, Inc., a corporation, Janrus Camera, Inc., a corporation, and Herbert Robbins, individually and as an officer of Janrus Camera, Inc., shall, within sixty (60) days after service upon them of this order, file with the Commission a. report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist- WICO CORP. ET AL. 1001 Decision