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

tools and reviewed the questionnaires, I find this particular contention tobe meritless.308. Each so-called trademark-significant response was given equalweight in Dr. Sorensen's calculations: so that a response that a surveyrespondent identified a product based on "location of the switch" was giventhe same weight as the response "Overall shape".(Sorensen, Dep. Tr., at109: Unopposed SPF G 27).309. In drawing conclusions from "trademark significant" reasonsgiven, Dr. Sorensen gave preponderant weight to the responses to questions1/2a/2b and 4a/4b/4cI not Sa/b/c. (Sorensen, Tr. 2087, 2095).Calculationsinvolving trademark-signif icant reasons did not include 5a/b/c.DrSorensen did not rely on Sa/b/c in. his testimony regarding individualtools. (CPX 89(f), tables 5-16; Unopposed CPF SM 82).310. Some responses of "good tool" or "good quality tool" for Makitaidentification were erroneously coded under "Design/Style/the way it looks"and counted under trademark-significant reasons.However, only ten surveyquestionnaires were affected by this specific error. (Sorensen, Tr. 2465).311. All three experts appearing at the hearing testified thatsecondary meaning can only exist when individuals ascribe a particular markto 6 single --source.Tr. 2874).(Sorensen, Tr. 2084, 2309: Bunge, Tr. 2639; Jacoby,312. Complainants report, the following percentages of survey respondentsthat made a sole source identification of Makita for the following tools:Tool S-1 Makita Hodel X5007NB - 7 1/4"Circular Saw ...................................... 30.8%94