75
STAT.]
PUBLIC LAW 87-364-OCT. 4, 1961
775
Public Law 87-354 AN ACT To facilitate the protection of consumers of articles of merchandise composed in whole or in part of gold or silver from fraudulent misrepresentation concerning the quality thereof, and for other purposes.
October 4, 1961 [S. 1186]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 4 a^cifg^' «^^'*'*'" of the Act entitled "An Act forbidding the importation, exportation, Misrepresentaor carriage in interstate commerce of falsely stamped articles of mer- " ° " °^ quality, chandise made of gold or silver or their alloys, and for other purposes", approved June 13, 1906 (34 Stat. 260; 15 U.S.C. 294 et seq.), is amended by— (1) inserting therein, immediately after the section number "SEC. 4.", the subsection designation " (a) "; and (2) adding at the end thereof the following new subsection: "(b) Whenever any person, firm, corporation, or association, being a manufacturer or dealer subject to the first section of this Act— "(1) applies or causes to be applied to any article of merchandise intended for sale or customarily sold as a complete product to consumers in any State, by stamping, branding, engraving, or otherwise, any quality mark or stamp indicating or purporting to indicate that such article is made in whole or in part of gold or silver or of an alloy of either such metal; or "(2) imports into any State any such article of merchandise bearing any such quality mark or stamp which indicates or purports to indicate that such article is made in whole or in part of gold or silver or of an alloy of either such metal, such person, firm, corporation, or association, before depositing any such article manufactured or imported after six months after the effective date of this Act in the United States mails, or causing such article to be so deposited, for transmission thereby, or delivering such article or causing such article to be delivered to any common carrier for transportation from one State to any other State, or transporting such article or causing such article to be transported from one State to any other State, shall— Identifying trade" (A) apply or cause to be applied to that article a trademark mark. of such person, firm, corporation, or association duly registered or applied for within thirty days after an article bearing the trademark is placed in commerce or imported under the laws of the United States or the name of such person, firm, corporation, or association; and " (B) if such article of merchandise is composed of two or more parts which are complete in themselves but which are not identical in quality, and any one of such parts bears such a quality mark or stamp, apply or cause to be applied to each other part of that article of merchandise a quality mark or stamp of like pattern and size disclosing the quality of that other part. Each identifying trademark or name applied to any article of merchandise in compliance with clause (A) of this section shall be applied to that article by the same means as that used in applying the quality mark or stamp appearing thereon, in type or lettering at least as large as that used in such quality mark or stamp, and in a position as close as possible to that quality mark or stamp. For the purposes of this subsection, the term 'State' includes the Commonwealth of Puerto 'State. Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia."
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