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

235. The name "Makita" -- a registered trademark -- is used in allof Makita's advertisements. (Hattori, Tr. at 900; Margolis Tr. at 3061;RXP 420, Notarian Dep., at 46, 53, 237; RXJ 103; RXJ 115; RXJ 123; RXJ137; RXJ 218).236. Complainants have not been able to cite to any advertisementor catalogue which specifically focuses on and advertises the non-utilitian features of its tools (including the specific design featuresand the color blue set out in their complaint and supplements and theanswer to Staff Interrogatory No. 11) except to the extent that itsadvertisements and catalogues depict the tools therein. (CPF SM 1-37).IX .237. Complainants hold a utility patent in the clamping mechanismfor cordless finishing sanders. (SXT 53; Unopposed SPF 1-1).238. Complainants hold a utility patent in the safety cover formiter saws -- not one of the design features claimed as part of the markfor this tool. (SPX 11, Suzuki Dep., at 283).239. There is a utility patent held by Mabuchi Motor eo., dated May11, 1976, for a "Battery Cassette Power Source Device" which covers abattery pack having a rectangular shape in length and an oval crosssection, similar to the long.itudina1 and cross sectional shape of theUita battery pack (CPX 241A and 2131, within which the cells arearranged in pafallel series, as in the Makita battery packs. (RXP 406).. x. COPYrn240. There is evidence of copying in this matter. (FF 241-53, below).241. Respondent ( C used the tools of other manufacturers,71