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

have not raised this issue or explored its significance so I have not takenit into account. (Judge's Ex. 1, and Judge's Ex. 2). 1/8/306. After coding, Dr. Sorensen segregated and analyzed reasonsrespondents gave which Dr. Sorensen considered to be"trademark-signif icant ." These included: color, it's blue,cordless/rechargeable, design/style/the way it looks, handle/grip,casing/housing, specific tool feature, shape of battery pack/batteries,shape of handle/grip , shape of casing/body/bottom, shape of guard shapeof motor/motor housing, general overall shape, texture of handle, textureof body/housing, general overall texture, size of battery pack, size ofhandle/grip, size of motor/motor housing, size of switch/button, locationofbrush handles, location of housing or motor screws, location ofswitch/button/controls, location of cord/battery pack, location of handle,location of key/latch/chuck and general location. (Sorensen, CXA p. 19;CPX 89(f), table 16).307. Respondents have argued that the tabulation of trademark-relatedreasons contains ambiguous categories.As an example, respondents statethat "the survey data for -the trademark-related categories 'color' and'blue' must be viewed with the knowledge that complainants' tools areadorned with more than onecolor, and that the blue referred to may be manydifferent-rh~des-of blue."(Respondents' brief at 47-48).Having seen theu Judge's Ex. 1 is theused by Dr. Sorensen tocomputer tape containing the coded survey datagenerate the tables for Studies S. C. and R.- -Judge's Ex. 2 is a set o.f legible copies of the questionnaires for thesurveys. (Sea, Oral Argument Tr., at 3840-41; CRB at 11).8/ These examples are not to be considered an exhausted list of the codingerrors that were found .93