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

design to CPX 37, the Makita sander, but has a verydistinctively different blue color.(m) CPX 270 and 271, the Tochiado 9.6V and 7.2V batterychargers are almost identical in design to CPX 211 and 271,the Makita battery chargers. The color of the Tochiadobattery chargers is a slightly darker blue than that of theMakita chargers.(n) CPX 265, the Workshops 7.2V battery charger,manufactured by ( C 1 for ( C 1) isvery close in design to the Makita battery charger (CPX185, 211). The venting, however, is much different. It isalso a darker shade of blue than the Makita charger.(0) CPX 251, a Noma fast charger imported by respondentTrade Associates is also similar in design to the Makitachargers (CPX 211 and 2711, except for the venting. It isalso a much darker blue than the Makita chargers.254. Complainants retained Dr. .Robert C. Sorensen, President ofSorensen Marketing/Management Corporation, to determine whether or not theappearance, shape, and characteristics of MAKITA power tools oraccessories,with all identifying name labels and logos masked, had anysecondary meaning and, if so, to what extent. Dr. Sorensen has substantialexperience in research into consumer perceptions and behavior, includingthe conduct and analysis of consumer surveys. (CXA10, Sorensen W.S. , at5-6; Sorensen, Tr. 2020-2028; CXA 10, Sorensen W.S., Ex. A).255. Respondents retained Dr. Jacob Jacoby to provide expert criticismof Dr. Sorensen's surveys.Dr. Jacoby is the Merchant's Council Professorof Consume3 Behavior and Retail Management at New York University.He wasreceived as an expert in the areas of consumer buying habits, surveys andmethodology. (Jacoby, Tr. 2823-26).256. Respondents also called John Bunge, President of Legal MarketingResearch, Inc. to analyze and criticize the survey.Mr. Bunge has been77