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

(CU 10, Sorensen W.S., at 9: Sorensen, Tr. 2033, 2044).270. Dr. Sorensen testified that the universe used in Study S is likelyto include those consumers whose perceptions were most relevant inmeasuring secondary meaning.According to Dr. Sorensen, consumers who hadused and purchased in the last 12 months, or who had shopped within theprevious three months, had engaged in sufficient antecedent behavior toindicate an awareness of electric power tools.Dr. Sorensen specificallysought people "who could be expected to have been relatively recently awareof various power tool brand names, company sources, and brand attributes.@*(CXA 10, Sorensen W.S., at 11).271. Hr. Bunge noted that the universe omits (at the very least) thefollowing relevant consumers:A. people shopping within the past year or so, butearlier than three months ago, but who did notbuy, and:B. people who bought within the past year but whodid not use, and;C. people who are likely to be buying within thenext 12 months or so whether they use or not,and ;D. presumed numbers of women and others who buy forothers, either for gift giving or upon beingasked to buy by someone else.(RxC-2026(c): Bunge, Tr. 2635-36).272. Qf.- Jacoby testified that the universe utilized by Dr. Sorensenfails in four essential respects:(1) the universe is unfairly weighted infavor of purchasers who are also users; (2) the universe improperlyexcludes individuals who possess future intent to purchase; (3) theimposition of a three month restriction improperly excludes individuals whopurchased during two significant shopping periods: and (4) the universe is83