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

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gender breakout in the purchasing environment than Dr. Sorensen actuallydid. (Jacoby, Tr. 2840-2841).262. Upon completion of his pilot studies, Dr4 Sorensen selectedfourteen tools or accessories representing each of the fourteen categoriesof MAKITA electric power tools and accessories that were cited in theComplaint. These tools were used in the secondary meaning study; hereafterreferred to as "Study S" or "Consumer Perception of Source of FourteenMasked 'Makita' Electric Power Tools".(CXA 10, Sorensen W.S., at 6). Thetools selected for Study S were:MAKITA Model No. 5007NB, a 7-1/4" circular saw:MAKITA Model 9035D, a cordless sander:MAKITA Model B04550, a fihishing sander:MAKITA Model 6012HD, a long handled cordlessdrill;MAKITA Model 6010SDW, a short handled 3/8"cordless drill;MAKITA Model 9500D, a cordless grinder:MAKITA Model 9501B2, a 4" sander grinder:MAKITA Model 6510LVR, a 3/8"VSR drill;MAKITA Model 3601B, a router:MAKITA Model 2401B, a 10" miter saw:-MAKITA Model 2414, a 14" cutoff saw:%AKITA Model 4307D, a cordless jigsaw;MAKITA Model 7000/632002-4, a batterycartridge:MITA Model DC7100/113086-6, a 7.2 voltcharger.80
I263. Study S was conducted with approximately 40 interviews per tool oraccessory item in malls or shopping areas in each of 5 metropolitan areas:Chicago, Illinois (4 malls); Orange County/Los Angeles, California (2malls); Orlando, Florida (2 malls); New York (Western Long Island), NewYork (2 malls and 2 shopping areas); and Seattle/Tacoma, Washington (4malls). (Sorensen, CXA 10, pp. 8-91,264. In choosing the metropolitan areas, Dr. Sorensen testified that hesought a variety of socio-economic distributions and wide geographicdispersion (northeast, southeast, central, northwest and southwest regionsof the United States, large populated metropolitan areas, and coastalareas). (CXA 10, Sorensen W.S., at 9).265. Dr. Sorensen testified that it was important to select surveylocations that could absorb a large number of interviews, particularlyafter experimental interviewing in the same location had been done on thesame topic. (Sorensen, Tr. 2040). Dr. Sorensen questioned whether itwould be feasible to go to Columbus, Ohio for the definitive or finalsurvey. (Sorensen, Tr. 2042). Dr. Sorensen opted to reuse Levittown, NewYork(Sorensen, Tr. 24611, but to exclude Columbus, Ohio from hisdefinitive survey. (Sorensen, Tr. 2041-42).266. According to Dr. Jacoby, Dr. Sorensen utilized geographic areaswhich evidenced bias.Dr. Jacoby pointed to the Makita source brandidentifietitian in Long Island, New York (Levittown) as being almost threetimes higher than was found in Columbus, Ohio in the pilot study.In thefinal survey, Columbus, Ohio was omitted and replaced by Orange County/LosAngeles, California; Seattle, Washington; Chicago, Illinois and Orlando,Florida. Dr. Jacoby pointed out that '!&ita's advertising documents81
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UNITED STATES INTERNATIONAL TRADE C
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25. For the sole violation of secti
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UNITED STATES INTERNATIONAL TRADE C
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3IIComplainants or is relatedtools,
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5VI1(Service of Cease and Desist Or
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7the issuance of temporary exclusio
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N? 1204296THEUNITED STATES OF AMERI
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~~ ~' iUNITED STATES INTEFWATIONAL
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3respondent Jet; (3) whether remedi
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5the moving party had no previous o
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7same parties, merchandise, and all
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9investigation on the basis of the
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11determination not to review and t
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13Commission accordingly finds node
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15that Jet is likely to resume such
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17Tbe Public InterestThe public int
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19United States, and United States
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21Finally, to the extent that the d
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23In the absence of any argument or
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written connnents from other agenci
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would be entitled to enter the Unit
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designation of sponsorship, source,
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FOR RESPONDENTS: JJcKaren M. Riggio
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TABLE OF CONTENTS . page 2VI1 . AVA
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TABLE OF CONTENTS - page 43. Other
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P8CCE2UUL HISTXV,Acomplaint was fil
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Honworld International Inc.P.O. BOX
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Marcia H. Sundeen, Esq., Office of
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e held in default and subjected to
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The foiiowing abbreviations are use
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located at 14930-C Northam Street,
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will add another (C) manufacturing
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attery cartridges and battery charg
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Republic of China.(CXG 1, Response
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54. Alltrade power tools are source
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direct from ( C) (CXE 1, all pages:
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83. Floyd Ready Associates, Inc. ("
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Charng Machinery Works, Ltd., to sh
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(b) Corded 4" Disk Grinders - Model
Page 87 and 88: and sold in the U.S. by Respondents
Page 89 and 90: and sold in the U.S. by ( C 1( C (C
Page 91 and 92: United States by Respondents PhF Br
Page 93 and 94: (j) Ohio Forge Model 644-196, sold
Page 95 and 96: is also sold by Respondent Tool Cit
Page 97 and 98: (e) Nesco Model Ni6800 is manufactu
Page 99 and 100: (g) Chicago Electric Power Tools Mo
Page 101 and 102: ( C ) (CXI 9, p. 2,Supplemental Res
Page 103 and 104: chargers for sale in the United Sta
Page 105 and 106: (j) Alltrade Model 1926-D-7, import
Page 107 and 108: IV.A. -on La w-138. The common law
Page 109 and 110: specifically the witness statement
Page 111 and 112: more of the following features. . .
Page 113 and 114: 170. In view of FF 167-69, above, t
Page 115 and 116: listed in a distributor price list
Page 117 and 118: 188. This latter testimony of Mr. B
Page 119 and 120: (C( C199. (( C41).1C) (RXP 414, Sig
Page 121 and 122: 212. In most categories of tools Mr
Page 123 and 124: differentiate respondents' battery
Page 125 and 126: (RXP 131, p. 5).and charger for add
Page 127 and 128: (CPX 96).... built tough and double
Page 129 and 130: 235. The name "Makita" -- a registe
Page 131 and 132: 247. ( C 1 sent a sample Makita cor
Page 133 and 134: of the Jepson and Chicago Electric
Page 135 and 136: design to CPX 37, the Makita sander
Page 137: attorneys for complainants, he advi
Page 141 and 142: (CU 10, Sorensen W.S., at 9: Sorens
Page 143 and 144: individuals who do not intend to us
Page 145 and 146: . Twenty-five percent of the sample
Page 147 and 148: 291. In Dr. Sorenson's Study S, a t
Page 149 and 150: particular item?" (Question 4a).The
Page 151 and 152: have not raised this issue or explo
Page 153 and 154: Tool S-2 (Makite Model 89035333 -Co
Page 155 and 156: Tool S-14 (MAKITA Hodel tDC7100/113
Page 157 and 158: prior to the conduct of the survey
Page 159 and 160: underrepresentation of females, and
Page 161 and 162: after the interviewer counted from
Page 163 and 164: manufacturers' names utilize that a
Page 165 and 166: 350. One-half of the respondents in
Page 167 and 168: (a p9r CXA 49 , CXA 50). The eviden
Page 169 and 170: 365. Respondent Jenn Feng's Johnswe
Page 171 and 172: infringe any of Makita's claimed ma
Page 173 and 174: 380. Respondents P&F BrotherjNu-Way
Page 175 and 176: 5. 4" Disc (Sander) Grinders389. Th
Page 177 and 178: a hex key on the motor housing and
Page 179 and 180: It is a distinctively different col
Page 181 and 182: plunge router would not be covered
Page 183 and 184: and the attachment of the handle an
Page 185 and 186: with CPX 24, 42, 25, 21, and 23).Ov
Page 187 and 188: that the Mark I battery packs would
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(Unopposed CPF PR 55 (14-1711, are
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cordless jigsaw; 7.2V and 9.6V batt
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grinder, Model No. JC 100; 14" cut-
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479. Mr. Griffin had no personal kn
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492. The respondents affix their ow
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( C )( C )( C )( C 1( C )( C 1(CXD
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Response to Complainants' Interr. N
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511. ( CC( C( C( C( C( C( C( C )512
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MQQELCCCCCCCCCC 1Since 1984, Jepson
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MODELDOLLAR AVERAGEOUANTITl BMOUNT
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MODELOUA!!ITyDOLLARAMOUNTAVERAGEPRI
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CGCCCCCCCCCCCCC. c535. In 1988, P&F
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541. Ta Shin designs and assembles
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552.In 1988, Tochiado sold (CCCC553
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MODEL( C 1( C 1(CXF 2).XVI. -TIC IN
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C570. ( C571. (( C 1CCC 1C572. MCA
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CCCCCCCCCCCCCCCC1577. ( CCC578. ( C
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( C 1(e) Total Domestic W e n t of
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1CCCCC( C 1CCCC.cCCCC 111( CCC(- C
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( C )Once drafted by Hr. Margolis,
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((CC602. (C(C 1603. (CCC 1C604. (C
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617. (C 1..A. CgmDetition Bet ween
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627. Respondent Pace displays tools
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Ithe United States. (CXG 1, Ta Shin
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652. Jepson has ( C )throughout the
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( C1( C)( C 1665. ( C ) has adverti
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( C 1(CPX 58, Bing Lin Dep., at 180
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D. Attendance of Trade Sho WS689. T
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(CC1C(C1705. (C( C706.(C1C 1C 1( C1
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712. (C- cC 1(C713. ((ICExxALmu189
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CC(C 1720. (CCCC 1C 1C 1CCC 1C 1(Cx
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activities of respondents is tenuou
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739. Employment at MCA increased in
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(C( C752. (C(C( C )753. (C(C(C754.
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investigation under 19 U.S.C.51337
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indicates that complainants are ent
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are: (1) whether the design asserte
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internal components and the need to
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limited number of alternatives inso
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lue has considerable utility and th
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use of the color pink on its insula
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Certain L-e Products, Majority Op.
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quotas to ensure an even distributi
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The Long Handle Cordless Drill (Mak
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staff's position is well taken beca
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from their sample as many people as
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Respondents' experts testified pers
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The Finishing Sander (Makita Model
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attributable only to the claimed ma
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percent accepted).Moreover, such ca
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especially where the survey was con
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The results of the R survey have no
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any of these persons appear as witn
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I221after requesting a Makita produ
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122 (19821, S€hWer K€& COS v. U
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commercial realities test in the Co
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produced in the United States. 2 1A
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The evidence reveals that complaina
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If complainants had proven that the
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in conceivable loss of sales, a ten
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vnotion Docket Nos. 284-133 and 284
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espondents' unfair acts and unfair
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production of power tools in their
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