An investigation by Customs officers revealed that the American cattle owner was entirely correct. By chance, the Mexican cattle raiser had the same cattle brand as the American rancher. The American’s cattle brand was registered with the Customs Bureau, and his cattle brand was entitled to the same protection given to the trademarks of manufacturers. Eventually, the protesting American and the baffled Mexican got together and the American gave his consent for the importation of the cattle.
One section of the trademark law prohibits the importation of any articles which are marked in a manner to indicate a false country of origin. It also bans imports which are marked with false descriptions. To enforce this section of the law, Customs officers must police millions of imports to weed out the products of foreign manufacturers who engage in some shady and sharp practices.
In recent months there arrived from Japan a large shipment of boys’ baseball bats which were boldly marked with large letters burned into the wood, “American Model.” At the end of the bat in extremely small letters was stamped the word “Japan.” The Customs Service felt that the purchaser of these bats could only assume, by looking at them and seeing “American Model” in large letters, that they had been made in the United States. It ruled that before the bats could be entered, the word “Japan” would have to be stamped onto the bats in close proximity to the words “American Model,” to remove the taint of deception.
Another manufacturer shipped into the country flatware made of iron with a chrome plating. It was marked with the word “stainless,” implying that it was stainless steel. The courts and the Federal Trade Commission have held that the world “stainless,” when used in describing manufactured articles, has a very specific meaning: that the product has a great deal of resistance to normal corrosive elements and to wear and tear that other metals normally do not have. And to describe an article as stainless steel, it must be an alloy of steel mixed with chromium in approved percentages.
To protect the manufacturers of stainless steel products in this country, the Customs Bureau instituted a campaign to halt such sharp practices and to educate foreign manufacturers to the fact that they cannot mark products with the word “stainless” unless they meet the very severe test required for the use of this word. The shipment of cast-iron flatware was refused entry, and inspectors were alerted to guard against any such shenanigans in the future.
21
THE MIDDLE MEN
Mr. and Mrs. John Smith of Lima, Ohio, were strolling through the streets in Florence, Italy, enjoying their first European vacation, when Mrs. Smith noticed a beautiful, hand-blown glass bowl in the window of a small shop.
“John!” she exclaimed. “There is the bowl I’ve been looking for. It would be perfect for our Christmas eggnog parties. Let’s go in and price it.”
They stepped inside the shop and a clerk brought the bowl from the window to a table where Mr. and Mrs. Smith could examine it more closely. It was a lovely piece of glass and obviously the work of a fine Venetian craftsmen. After admiring the delicate etchings on the glass, Mrs. Smith asked, “How much is it?”
The clerk said the bowl was one of the best pieces in the house and that it was priced at $75.