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

attorneys for complainants, he advised them that the products underinvestigation were too vast in number to all be surveyed. This was becauseof the time constraints, the cost, and the physical impracticability ofsuch a task. (Sorensen, Tr. 2033). Accordingly, Dr. Sorensen designedsurveys intended to measure secondary meaning and likelihood of confusionfor only general categories of tools. (Sorensen, Tr. 2034, 2220).259. Dr. Sorensen conducted experimental survey work in Columbus, Ohioand Long Island, New York. (CXA 10, Sorensen W.S., at 3-5). Seven ofcomplainants' tools and seven of the respondents' tools were used forinterviewing in the pilot surveys. One Jepson power tool (7 1/4*' CircularSaw), one narc power tool (Cordless Sander), two Alltrade power tools(Finishing Sander and 4" Sander Grinder Kit), and three Trade Associatestools (3/8" Cordless Drill Kit, 3/8" Cordless Drill Driver, 4' CordlessGrinder) were used in the pilot surveys. (CXA 10, p. 5).260. There was a significantly lower rate of secondary meaning amongwomen in the pilot survey. (Jacoby, Tr. at 2840; RXF-3558, Jacoby W.S., at12). Indeed, in his report to complainants' after the completion of thepilot study, Dr. Sorensen stated that, "NO female from Columbus makes aMAKITA identification.'' (Rxp 2026(c), Ex. C, at 3). Sorensen admittedduring the hearing that there is a considerable difference in Makitaidentification between men and women. (CXA-10 p. 35).261. Dr.'Jacoby testified persuasively that by virtue of the disparitybetween male and female recognition of Makita tools in the pilot study, itwould have behooved Dr. Sgrensen, or any researcher, to determine the truenature of the purchasing environment and more accurately represent the79