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LETTER OF TRANSMITTAL
UNITED STATES TARIFF COMMISSION,
Washington, March 6, 1934. MY DEAR MR. PRESIDENT: I have the honor to transmit herewith the official record, consisting of transcripts of hearings and depositions, with the final findings of the Tariff Commission (enclosure no. 1), in an investigation conducted by the Commission, for the purposes of section 337 of the Tariff Act of 1930, of alleged unfair methods of competition and unfair acts in the importation or sale of cigar lighters.
On October 27, 1933, the Commission, in accordance with the law providing for notification and for an appeal in such cases, sent to importers or consignees the Commission's findings and recommendation. Subsequently, on motion of complainant, the Commission granted a rehearing, and on January 4, 1934, sent to importers or consignees copies of the modified findings and recommendations. The time for an appeal on a question or questions of law from these findings to the Court of Customs and Patent Appeals has expired without an appeal having been filed.
I also have the honor to transmit herewith a draft of a request from you to the Secretary of the Treasury (enclosure no. 2) for refusal of entry of importations of certain cigar lighters found to have been unlawfully imported. Respectfully,
ROBERT L. O'BRIEN,
Chairman. The PRESIDENT,
The White House.
UNITED STATES TARIFF COMMISSION,
Washington, October 27, 1933. Findings and recommendations in the matter of investigation of alleged unfair
methods of competition or unfair acts in the importation or sale of cigar lighters. Section 337, Docket No. 6.
FINDINGS AND RECOMMENDATION
STATEMENT This is an investigation under the provisions of section 337, title III, part II, of the Tariff Act of 1930, for the purpose of assisting the President in the exercise of the powers conferred upon him by that section.
On April 24, 1933, Art Metal Works, Inc., a New Jersey Corporation having its principal office in Newark, N.J., filed with the Tariff Commission
a complaint under oath, asking relief under section 337 of the Tariff Act of 1930 from unfair methods of competition and unfair acts in the importation and/or sale of cigar lighters.
The complaint alleges that,
(a) Petitioner operates a plant at Newark, N.J., for the manufacture and sale of metal wares and novelties, including cigar lighters.
(6) The United States Patent Office issued a patent for a cigar lighter to Louis V. Aronson on June 12, 1928 (United States Letters Patent No. 1673727), which said patent was assigned by him to petitioner herein on June 16, 1928.
(c) Since that time petitioner by virtue of said patent has been engaged in the manufacture and sale of cigar lighters of varying table sizes and designs, and in particular a lighter of varying small sizes for carrying on the person and referred to as pocket lighters, said pocket lighters being known by the name of “Ronson”,
", which name is stamped on the bottom of each lighter.
(d) Since November 1932 there have been offered for sale and sold to the public in the United States imported pocket cigar lighters of varying sizes and slightly varying appearances which infringe said patent.
(e) Petitioner has expended a large sum of money in sales effort and advertising said cigar lighters and has acquired valuable goodwill and reputation in the manufacture and sale of very large quantities of said lighters and that they are of distinctive visual appearance.
(f) The use of the name “Lincoln ” together with the simulation of the cigar lighters manufactured by petitioner is conduct the natural and probable tendency and effect of which is to deceive the public so as to pass off the said infringing lighters as and for those of petitioner.
(g) The said lighters are sold at such low prices in the United States as to cause substantial injury to the business of petitioner