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''Fashion Originators' Guild of America v. FTC'', 312 U.S. 457 (1941), is a 1941 decision of the United States Supreme Court sustaining an order of the Federal Trade Commission against a boycott agreement (concerted refusal to deal) among manufacturers of "high-fashion" dresses. The purpose of the boycott was to suppress "style piracy" (unauthorized copying of original dress creations of Fashion Guild members). The FTC found the Fashion Guild in violation of § 5 of the FTC Act, because the challenged conduct was a ''per se'' violation of § 1 of the Sherman Act.〔(''Fashion Originators' Guild of America v. FTC'' ), 312 U.S. 457 (1941), affirming on other grounds 114 F.2d 80 (2d Cir. 1940) (L. Hand, J.).〕 ==Background== The Fashion Originators Guild (FOGA), and its members make and sell medium– and high–priced, fashionable women's dresses〔Other members are manufacturers, converters. or dyers of textiles from which these garments are made. 312 U.S. at 461.〕 to retailers, who select their purchases from designs exhibited in show rooms in New York City.〔About a fourth of all women's dresses made in this country sell for more than $10.75, and the Guild members in 1935 sold 42% of these. 312 U.S. at 461.〕 The members make their dresses from their own "original designs." The designs are not protected by patents or copyrights, which are not available for dresses, and therefore other dress manufacturers (so-called style pirates) make and sell unauthorized copies.〔114 F.2d at 81–82. See (''Cheney Bros. v. Doris Silk Co.'' ), 35 F.2d 279, 281 (2d Cir. 1929) (Hand, J.) (copyright not available).〕 The Guild was organized in 1932 to protect its members from "piracy," which they say is an unfair and tortious invasion of their rights. "Because of these alleged wrongs, petitioners . . . combined among themselves to combat and, if possible, destroy all competition from the sale of garments which are copies of their original creations." The Guild and its members have agreed to refuse to sell any dresses to retailers who purchase, or order to be manufactured, dresses which the Guild finds embody copies of its members' designs. For that purpose it has set up a "Piracy Committee" which decides which of the designs registered by its members are original. It employs shoppers in various parts of the country who visit the shops of retailers and report delinquents; if a retailer is found to be selling "pirated designs," he must stop doing so, or else he will get no more dresses of any sort from the Guild's members; nor will he be allowed to see the designs exhibited in its New York show rooms. Retailers who co-operate with the Guild must agree to accept the decision of the Piracy Committee, and must return to sellers any dresses that have been "pirated." Furthermore, in their sales they must warrant to the customer that the designs of the dresses they sell have not been "pirated." As a result of their efforts, approximately 12,000 retailers throughout the country have signed agreements to "cooperate" with the Guild's boycott program.〔312 U.S. at 461.〕 If the Guild, upon auditing a member's books, finds that a manufacturer is selling to a retailer dealing in pirated designs, the manufacturer is heavily fined. (In one instance, a fine of $1,500 was imposed, and the Guild notified its membership that a fine of $5,000 would be assessed in case of future violation.) The Guild regulates the discount the manufacturers may allow; prohibits their selling at retail; and cooperates with local guilds in regulating days upon which special sales shall be held.〔312 U.S. at 463.〕 The FTC issued a complaint against FOGA in April 1936,〔''Commission Holds Guild a Monopoly: Issues Complaint Against Body and Four Other Groups for Conspiracy'', N.Y. , Apr. 21, 1936, at 42.〕 held hearings, found the pattern of conduct described above an unfair method of competition, and "made an order appropriate to break up the combination," from which the Guild appealed.〔114 F.2d at 82.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fashion Originators' Guild of America v. FTC」の詳細全文を読む スポンサード リンク
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