Certain Electric Power Tools, Battery Cartridges, and ... - USITC

IV.A. -on La w-138. The common law trademarks claimed by complainants in thisinvestigation include: the overall design of each of its tools at issue;the "Makita blue" color of all, or parts, of most of its tools at issue;and the design/color combinations of its tools at issue. (CPF Tli 7;Margolis, Tr. 3024, 3030-31, 3034-35; Hattori, Tr. 779). 5/139. In defining the alleged color trademark, evidence was submittedto show that Pantone numbers 321c through 323c are very similar to"Makita blue," but the actual color may vary depending on the materialsused. (Hattori, Tr. 812: RXP 168 -- Pantone Color Chart). Makita bluemight also be represented by Pantone numbers 3155 and 3155c.(Hattori,Tr. 814).140. Exhibit B to Patrick Griffin's witness statement (CXA 2) is alist of features which Makita claims to be distinctive for each categoryof products at issue.(CXA 2, Ex. B; Unopposed SPF D-10).141. There are no specific design features set out in the Complaintand Supplements thereto, nor in Exhibit B, for the 7" and 9' grinders.(Complaint and Supplements; CXA 2, Ex. B).The trademarks claimed forthese products consist soLely of the overall design, color, andderignlcolor combination. (Statement of Complainants' Counsel, Tr. 475-76) e- -142. The record is somewhat unclear as to the precise significanceof the features specified in, Exhibit B.(FF 143-159, below).The 14" cut-off saw (CPX 24) and Makita's battery cartridges (CPX213: RXP 337) do not contain any portions which are colored blue.49