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

unfairly weighted in favor of professional users.(RXF-3558, Jacoby W.S.,p. 11).273. Dr. Jacoby also noted that the key questions presented did notinquire into whether the individuals included in the survey had anything todo with the purchase decision. (RXF 3558, Jacoby W.S., pp. 7-81.274. According to Dr. Jacoby, an umbrella universe in which individualsurvey respondents are: (a) both decision-makers and prospectivepurchasers, (b) individuals who are only prospective purchasers, and (c)individuals who are only decision-makers was not utilized by Dr. Sorensen.Dr. Jacoby testified that he would have used such a universe because therelevant universe for trademark litigation is prospective purchasers.Hefurther testified that prospective purchasers are distinguishable fromusers. According to Dr. Jacoby, by requiring the survey respondent tohave, in the twelve months prior to the interview, bought and used smallelectric power tools, or during the prior three months, shopped for smallpower tools, Dr. Sorensen's surveys have been unfairly weighted in favor ofpurchasers who are also users. (RXF 3558, Jacoby W.S., p. 7; Jacoby, Tr.2943-44, 2895-96).275. According to Dr. Jacoby, this limitation of the universe in Dr.Sorensen's survey is fatal, as the survey fails to provide for the factthat the consumer, although not a user, may be the buyer of a product.Asone result, purchasers of gifts for holidays such as Father's Day andChristmas and birthdays were improperly excluded from the study.(RXF-3558, Jacoby W.S., pp, 7-8).276. According to Dr. Jacoby, since a very substantial portion of thebuying public of power tools at issue in this investigation consist of84