Federal Trade Commission § 243.6

‘‘Brazilian ’’ or ‘‘Mexican product when the failure to do so has mahogany’’. the capacity and tendency or effect of (2) The term ‘‘mahogany’’ may be deceiving purchasers or prospective used to describe solid of the purchasers. 3 For example: genus Khaya of the family, (a) A panel having an imi- but only when prefixed by the word tation marble finish should not be de- ‘‘African’’ (e.g., ‘‘African mahogany’’). scribed without qualification as ‘‘mar- (3) In naming or designating the ble’’, ‘‘onyx’’, ‘‘travertine’’ or ‘‘traver- seven nonmahogany Philippine tine marble finish’’. Proper descrip- Tanguile, Red Lauan, White Lauan, tions would include ‘‘simulated marble Tiaong, Almon, Mayapis, and finish’’, ‘‘imitation marble-textured’’, Bagtikan, the term ‘‘mahogany’’ may ‘‘marble pattern on plastic faced hard- be used but only when prefixed by the board’’, ‘‘simulated travertine on hard- word ‘‘Philippine’’ (e.g., ‘‘Philippine board’’, ‘‘marble pattern on vinylfaced mahogany’’), due to the long standing hardboard’’ or other nondeceptive usage of that term. Examples of im- terms; proper use of the term ‘‘mahogany’’ in- (b) A fiberboard panel having an imi- clude reference to Red Lauan as tation burlap finish should not be de- ‘‘Lauan mahogany’’ or to White Lauan scribed without qualifications as ‘‘bur- as ‘‘Blond Lauan mahogany’’. Such lap’’ or ‘‘burlap finish’’. Proper descrip- woods, however, may be described as tions would include ‘‘imitation burlap ‘‘Red Lauan’’ or ‘‘Lauan’’ or ‘‘White weave finish’’, ‘‘simulated burlap de- Lauan’’, respectively. The term ‘‘Phil- sign on fiberboard’’, ‘‘simulated burlap ippine mahogany’’ will be accepted as a finish on fiberboard’’, ‘‘burlap pattern name or designation of the seven woods on embossed vinyl surface’’ or other named above. Such term shall not be nondeceptive terms. [Guide 4] applied to any other wood, whether or not grown on the Philippine Islands. § 243.5 Misleading illustrations. (4) The term ‘‘mahogany’’, with or Industry members should not use any without qualifications, should not be picture, illustration, diagram or other used to describe any other wood except depiction, either alone or in conjunc- as provided above. This applies also to tion with words or phrases, which any of the woods belonging to the would have the capacity and tendency Meliaceae family, other than genera or effect of misleading or deceiving and Khaya. purchasers or prospective purchasers (c) . The terms hard maple, rock concerning any material fact relating maple, bird’s-eye maple, Northern maple to an industry product. For example, if or other terms of similar nature should an advertisement showed installed pan- not be used to describe woods other els with the color and graining char- than those known under the acteristic of walnut, but the paneling trade names of Black Maple (Acer being offered was not genuine solid nigrum) and Sugar Maple (Acer walnut, then the advertisement should saccharum). contain a clear and conspicuous disclo- NOTE: Nothing in this section should be sure of the composition of the product construed as prohibiting the nondeceptive being offered (e.g., ‘‘walnut veneer ply- use of wood names to describe the color, wood’’, ‘‘engraved walnut grain design stain, simulated finish, or appearance of in- on selected ’’, or dustry products; Provided, That appropriate ‘‘simulated walnut finish on hard- qualifications are made in accordance with board’’). 3 [Guide 5] provisions in § 243.2(d). [Guide 3] § 243.6 Deceptive use of trade or cor- porate names, coined names, trade- § 243.4 Imitations of materials other marks, etc. than wood. Industry members should not use any Industry members should not mis- trade name, product name, corporate represent the composition of any in- name, coined name, trademark or dustry product, or part thereof, or fail other trade designation, which has the to disclose any material fact concern- ing the composition of an industry 3 See paragraphs (b) and (c) of § 243.1.

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