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PAR. 3. The Black & White Taxi Company is a corporation created and existing under the laws of the District of Columbia, with its principal office and place of business in the City of Washington, District of Columbia, where it is engaged in operating taxicabs for hire in said City and District. Said Black & White Taxi Company advertises its said business by means of advertisements and listings which it causes to be placed in the directories of the Chesapeake & Potomac Telephone Company, a telephone company rendering telephone service to the public in Washington City, and the District of Columbia. The aforesaid cabs operated by the Black & White Taxi Company are painted black and white and bear four monograms,-one on each door, one on the back of the cab and one on the cowl, which monogram consists of a black rimmed circle around which is inscribed the words, "Black & White Taxi." Since the commencement of its said taxicab business, the said Black & White Taxi Company has built up a large and valuable good-will amongst the general public in the City of Washington, District of Columbia, for its said taxicab service.

PAR. 4. Prior and up to the 30th day of May, 1922, respondents placed or caused to be placed certain advertisements and listings in the fall issue of said telephone directory of the Chesapeake & Potomac Telephone Company which was issued by said Company about November 1, 1921, in which said respondents caused to be set out and advertised the names “Yellow Bell Taxi Company,” and “Yellow Ford Taxi Company.” Because of the alphabetical arrangement of said names, the said name, “ Yellow Bell Taxi Company appeared immediately above the name of the said Yellow Cab Company, hereinafter mentioned, and the name “ Yellow Ford Taxi Company," appeared immediately below the said name “ Yellow Cab Company” in the listings in said directory. That on or about the 30th day of May, 1922, the Supreme Court of the District of Columbia issued its injunction, Equity No. 40013, restraining the respondents herein from the use of the said names set out next above, and in compliance with said injunction respondents have ceased to use said trade names.

PAR. 5. Respondents, prior and up to October 7, 1922, placed or caused to be placed in the telephone directory of the Chesapeake & Potomac Telephone Company aforesaid, certain advertisements and listings in said telephone directory in which said advertisements and listings respondents caused to be set out and advertised the name of " Black & White Ford Taxi Company.” Because of the setting out of the said name, “Black & White Ford Taxi Company” in the listings of said directory, the said name,“ Black & White Ford Taxi

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Findings. Company” appeared immediately above the name of the “Black & White Taxi Company.” That on or about October 7, 1922, respondents voluntarily discontinued the use of the said trade names set out next above.

Par. 6. Because of the adoption by respondents of the said names “ Yellow Bell Taxi Company” and “Yellow Ford Taxi Company," and because of the alphabetical arrangement of those said names as set out in Paragraph Five hereof, respondents have diverted from the said Yellow Cab Company a portion of the good-will and patronage that should have accrued to it. Because of the adoption by respondent of the said name “Black & White Ford Taxi Company,” and because of the alphabetical arrangement of said names as set out in paragraph 5 hereof, respondents have diverted from the said “Black & White Taxi Company” a portion of the good-will and patronage that should have accrued to it. Respondents from time to time in the two years last past up to on or about October 7, 1922, advertised in said directory of the said Chesapeake & Potomac Telephone Company under some fifty odd additional names as set out next below for the purpose of preempting to themselves the use of the said names, within the City of Washington, in the District of Columbia, and of preventing other taxicabs companies from operating under or using any of the said names. A-Bee Taxi,

Columbia Hgts. Taxi Service, Arcade Cab Service,

Continental Taxi, Arcade Taxi,

Crown-Taxi Co., Arcade Taxicabs,

Diamond Taxi Co., Arcade Taxi Service,

Domino Taxi Co., Bell Taxi,

Ever-ready Taxi Co., Bell Taxicabs,

Globe Taxi Co., Bell Taxi Service,

Gray Taxi Co., Blue & Gray Taxi,

Green & White, Blue Ribbon Taxi,

Hacks Taxi Co., Bring-You-Back-Taxi,

Home James Taxi Co., Brown & Black Taxi,

Hudson Taxi Co., . Brown Taxi,

Irving St. Taxi Co., Cadillac Taxi Co.,

Keystone Taxi Co., Central Taxi Co.,

Packard Taxi Co., Checker Taxicab Co.,

Park Taxi Co., Checker Taxi Co.,

Park Taxi Service, Circle Taxi Co.,

Peoples Taxi, City Taxi Co.,

Peoples Taxi Co., Colonial Taxi Co.,

Quaker Taxi, 80044°-24VOL 5- 32

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Quaker Taxi Co.,

Sunset Taxi Co., Red Checker Taxi Co.,

Tak-a-Cab Co., Red Taxi,

Take-U-There Taxi Co., Red Taxi Co.,

Twentieth Century Taxi Co., Ring Taxi Co.,

Uneeda Taxi Co., Ritz Carlton Taxi Co.,

White Taxi Co. Star Taxi Co.,

On or about October 7, 1922, respondents ceased the use of certain of the trade names set out next above, and no longer advertises under said trade names, but advertises under the following: Arcade Taxi,

Domino Taxi Co., Arcade Taxicabs,

Park Taxi Co., Arcade Taxi Service,

Peoples Taxi Co., Brown & Black Taxi,

Quaker Taxi Co., Brown Taxi,

Red Taxi, Checker Taxi Co.,

Red Taxi Co., Columbia Taxi,

Ritz Carlton Taxi Co., Diamond Taxi Co.,

White Taxi Co. Par. 7. A number of said names so listed by respondents are used by taxicab companies operating in various other cities of the United States and enjoy a large and valuable good-will in said cities. The use by respondents of the said names in the manner hereinbefore set out has the tendency and capacity to mislead and deceive the public, who are familiar with the said names so adopted by respondents, which are used in other cities, into the belief that the said names listed and advertised by respondents as aforesaid are taxi companies operated by the said taxi companies in other cities and thereby cause and induce the public to patronize the said taxicab service of respondent's in such mistaken belief.

CONCLUSION.

The practices of respondents under the conditions and circumstances described in the foregoing findings as to the facts, are unfair methods of competition in commerce and constitute a violation of the Act of Congress approved September 26, 1914, entitled, “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes.'

ORDER TO CEASE AND DESIST.

This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondents and agreed statement of facts filed herein, and the

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Commission having made its findings as to the facts and its conclusion that the respondents have violated the provisions of an Act of Congress, approved September 26, 1914, entitled “ An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes”,

It is now ordered, That the respondents, Fred A. Maltby and Clarence W. Maltby, their agents, representatives, servants and employees do cease and desist from directly or indirectly:

(1) Advertising or listing in the telephone book of the Chesapeake and Potomac Telephone Company, or in any other manner, or from operating their said taxicab business in the City of Washington, District of Columbia, under the names of:

(a) “Yellow Bell Taxi Company
(6) “ Yellow Ford Taxi Company"
(c) “Black and White Ford Taxi Company."

(2) Operating, advertising or listing the same taxicab business under more than one name.

· It is further ordered, That the respondents, Fred A. Maltby and Clarence W. Maltby, shall within thirty (30) days after the service upon them of a copy of this order file with the Commission their answer in writing in setting forth in detail the manner and form in which they have complied with the order to cease and desist hereinbefore set forth.

Commissioner Thompson dissents.

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CASES IN WHICH ORDERS FOR DISCONTINUANCE OR DISMISSAL HAVE BEEN ENTERED.

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