Sidebilder
PDF
ePub

TABLE OF CONTENTS.

Page.

Adulteration......

35

Failure to disclose.....

35

Advertising falsely and misleadingly

Adulteration of goods not disclosed...

37

Adulterated goods represented as pure...

38

Assets, business, good will and financial standing.

39

Business done with the Government....

41

Capital stock......

39

Design and origin of goods....

40

Government connection with or sanction of business.

Endorsement accorded and use made of goods..

40

Infringement suits not in good faith

43

Letter heads and stationery...

43

Nature of business....

43

Old, secondhand, or reconstructed goods..

45

Order or ruling of government bodies...

46

Origin of goods..

47

Passing off....

48

Patent infringement.

49

Price of goods.....

Quality and uses of goods.

52

Source of supply. (See Origin of goods.)

Standards and methods of doing business.

56

Value of capital stock..

40

Trade name..

57

Unpatented goods as patented..

58

Appropriation.....

Values created by another.

60

Artificial market...

65

Bidding up prices. (See Artificial market.)

Blacklisting....

65

Bogus independents..

67

Operating secret subsidiary.

67

Boycotting....

Bonuses. (See Bribery and subsidizing business.)

Breach of contract-Inducing. (See Contracts.)

Bribery.....

74

Bribing employees

Of customers and prospective customers..

-74

Of customers and competitor's customers.

77

Of Government..

80

Bribing officers of vessels.

81

Business methods of competitors. (See Advertising falsely and misleadingly.)

Buying out competitors. (See Clayton Act, sec. 7.)

5

Clayton Act:

Page.

Section 2. (See Price control; Price discrimination; Price fixing; and Re-

sale prices.)

Section 3. (See Tying or exclusive contracts or leases, and Rebates.)

Section 7. (Elimination of competition through stock control)..

84

Coercion...

85

Combination orders. (See Advertising falsely and misleadingly, and Mis-

représentation.)

Combinations. (See Conspiracy.)

Commercial bribery. (See Bribery, and Subsidizing business.)

Commission, secret. (See Bribery, and Subsidizing business.)

Confidential information, betrayal of. (See Trade secrets.)

Confusion......

86

Using or simulating competitor's firm name.

86

Conspiracy....

90

To cut off supplies of competitors....

90

To induce less favorable terms to competitors....

91

To induce less favorable terms to objectionable competitors of customers.. 93

To maintain prices and allocate business.

To prevent dealers from buying direct...

94

Contracts...

96

Inducing breach of...

96

Conversion....

99

Appropriating goods belonging to competitor..

99

Copying another's advertisements. (See Appropriation.)

Cutting off a competitor's advertising medium..

99

Cutting off supplies of competitors.....

Deception. (See Confusion; Misrepresentation; Passing off; and Simulation.)

Defamation. (See Disparagement.)

Direct Selling, prevention of. (See Blacklisting, Boycotting and Refusal to

sell.)

Discrimination....

102

Disparagement.

102

Enhancement of price. (See Price fixing; Price maintenance; and Resale

prices.)

Enticing competitor's employees..

106

Excessive and unwarranted prices. (See Cutting off supplies.)

Espionage....

107

Exclusive contracts. (See Contracts and Tying or Exclusive contracts or

leases.)

Exclusive dealing. (See Tying or exclusive contracts or leases.)

Extortion.....

108

False and misleading practices. (See Advertising falsely and misleadingly;

Confusion; Misrepresentation; Passing off; and Simulation.)

False pretences....

109

Fictitious marking of goods. (See Advertising falsely and misleadingly; Mis-

branding; and Misrepresentation.)

Forcing goods on dealers...

109

Free goods. (See Subsidizing business.)

Full line forcing...

109

Gratuities or gifts. (See Bribery and Subsidizing business.)

Government agencies falsely represented. (See Advertising falsely and mis-

leadingly.)

Page.

Harassing competitors........

Mail-order houses..

110

By trade journals..

110

By retail dealers...

111

Salesmen and representatives of competitors..

111

Miscellaneous...

111

Imitation. (See Adulteration; Passing off; and Simulation.)

Infringement suits, false threats of. (See Advertising falsely and misleadingly;

Harassing competitors; Intimidation; and Interference with competitor's

business.)

Interference with competitor's business..

113

Intimidation......

113

Threatening competitors and their customers with infringement suits.. 113

Threatening manufacturers, etc., to withdraw patronage....

117

License agreements. (See Tying or exclusive contracts or leases.)

Methods of doing business. (See Advertising falsely and misleadingly.)

Misbranding:

Nature of goods.

118

Quality of goods.

120

Origin of goods..

122

Misrepresentation:

Misrepresenting business methods of competitors....

125

Misrepresenting goods of competitors....

125

Misrepresenting one's own business...

126

Misrepresenting old, used, or reconstructed goods..

127

Misrepresenting patents and their infringement....

128

Misrepresenting prices....

130

Miscellaneous...

131

Old, secondhand, and reconstructed goods. (See Advertising falsely and mis-

leadingly; Misbranding; and Misrepresentation.)

Origin of goods. (See Advertising falsely and misleadingly; Confusion; and

Misbranding.)

Passing off. (See Appropriation; Confusion; Misbranding; Misrepresentation;

and Simulation.)

Patents--Infringement. (See Advertising falsely and misleadingly; Appro-

priation; Interference with business; Intimidation; Misrepresentation; and

Simulation.)

Premiums and prizes. (See Susidizing business and Bribing employees.)

Price cutting. (See Price discrimination.)

Price discrimination....

134

Clayton Act, section 2...

134

Federal Trade Commission act, section 5...

135

Price fixing..

138

Price maintenance.

139

Prices. (See Advertising falsely and misleadingly; Artificial markets; Con-

tracts; Misrepresentation; Price cutting; Price discrimination; Price fixing;

and Price maintenance.)

Prices, fictitious. (See Advertising falsely and misleadingly; Misbranding;

and Misrepresentation.)

Puffing. (See Advertising falsely and misleadingly and Misrepresentation.)'

Purchasing competitor's business. (See Clayton Act, sec. 7.)

Quality of goods. (See Advertising falsely and misleadingly.)

Page.
Rebates..

141
Refusal to sell:
By brokers.....

142
By manufacturers.

142
Relabeling. (See Advertising falsely and misleadingly; Misbranding; and Mis-

representation.)
Resale prices..

145
Maintenance by contracts and agreements..

145
Maintenance by system of espionage...

148
Maintenance by discrimination against price cutters.

149
Maintenance by refusal to sell to price cutters....

149
Secondhand, used, or reconstructed goods. (See Advertising falsely and mis-

leadingly.)
Secret commissions. (See Bribery and Subsidizing business.)
Secret subsidiary. (See Bogus independents.)
Selection of customers. (See Refusal to sell.)
Selling below cost. (See Advertising falsely and misleadingly; Price discrimi-

nation; and Subsidizing business.)
Simulation...

152
Dress of goods..

154
Firm or corporate name..

154
Imitating competitor's goods.

156
Trade name or trade-mark.

156
Sole agency. (See Tying or exclusive leases or contracts.)
Source of supply. (See Advertising falsely and misleadingly.)
Spying on competitor's business. (See Espionage.)
Stock acquisition. (See Clayton Act, sec. 7.)
Subsidizing business.

173
Contributions..

173
Free goods....

173
Gratuities and entertainment.

174
Secret commissions...

175
Unusual credits...

175
Subsidizing salesmen...

176
Substitution. (See Advertising falsely and misleadingly; Confusion; Mis-

branding; Passing off; and Simulation.)
Tampering with competitor's goods.....

177
Trade name. (See Advertising falsely and misleadingly; Passing off; and Sim-

ulation.)
Trade secrets ...

178
Tying or exclusive contracts or leases.

180
Clayton Act, section 3..

180
Miscellaneous..

186
Uniform prices. (See Price maintenance; Resale prices; and Refusal to sell.)
Uses of goods. (See Advertising falsely and misleadingly.)

APPENDIX.
Competition, Potential.
Competition, Unfair..
Constitutionality of acts from which the Federal Trade Commission derives its

191
192

powers...
Interstate commerce.

202
204

« ForrigeFortsett »