Durium - Hunt Pen Company - Federal Trade Commission

Some pen videos · September 22, 2007

I noticed in Pendemonium's page that the infamous Durium plated nibs that are often found in n-th tier vintage pens were made by C. Howard Hunt Pen Co.

Further search about these nibs brought up a commonly cited case of C. Howard Hunt Pen Co. v. Federal Trade Comm'n, 197 F.2d 273 (3d Cir. 1952) which is summarized as "one who places in the hands of another a means of competing unfairly participates in a deceptive or unfair act or practice".

I have not found yet the full case but it appears that Hunt Pen Co. was found "guilty" in their act of supplying others with "Durium" nibs which were used by companies to imply that the nibs were made by a "fancy" new material (which was nothing else than plated steel).

Has anyone heard about this case? Do you have access to it? Any more information about it?

PS> Have a look at this image: http://image.blog.livedoor.jp/pelikan_1931.../e/bee30943.jpg, in which the "durium" nib can be pushed into the section so that the "gold plated" inscription is lost and only the 14K remains readable

Also note that the nib is inscribed durium tipped implying that the tip is made of an exotic material. I am not sure if this is the same with the Hunt Durium nibs.

Edited September 22, 2007 by antoniosz

September 25, 2007

Hi AZ,

I don't have access to that case. The best place to look would probably be the Federal Reporter, 2nd edition in any Law Library, though I would think Lexis/Nexis would have it. I will check at my local library on Thursday. According to the 1952 FTC Annual Report, the FTC order was affirmed without change.

But this was not the first time C. Howard Hunt was brought before the FTC. In 1919 there were charges of misrepresenting 14K Gold content by placing the word "plate" where it will be concealed by the section of the pen - these charges were dismissed in 1921, as the company had supposedly discontinued the practice:

Complaint No. 565 (Dec. 23, 1919).--Federal Trade Commission v. C. Howard Hunt
Pen Co. Charge : (Ante, complaint No.564). Disposition : After hearing this
proceeding was dismissed, the practice complained of having been discontinued prior
to the issuance of this complaint.

Complaint 564 describes the details

Complaint No. 564 (Dec. 23, 1919).--Federal Trade Commission v. Turner &
Harrison Pen Manufacturing Co. (Inc.). Charge : Using unfair methods of
competition by selling and offering to sell gold-plated pen points, upon which are
stamped “14 karat gold plated,” the words of this stamp being so arranged that the
word “Plated” occurs near the heel of the pen point and is obscured by the barrel or
holder of the pen point into which it is inserted, while the words “14 karat gold”
remain visible; with the effect of misleading the trade and general public into the belief
that such pen points are 14 karat gold pens, when in truth and in fact they are only gold
plated, in alleged violation of section 5 of the Federal Trade Commission act.
Disposition: After hearing this proceeding was dismissed, the practice complained of
having been discontinued prior to the issuance of this complaint.

Later, in 1951, they received a cease and desist order for:

Misbranding of pen points was halted by an order against C. Howard Hunt Pen Co.* The Commission found, for example, that some pen points stamped "14 Kt. Gold Plated" actually were coated with a gold alloy less than two millionths of an
inch in thickness.

Looks like the have a history of pushing limits on this score.

John