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

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

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

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Tool S-14 (MAKITA Hodel tDC7100/11306-6 -<strong>Battery</strong> Charger) .................................. 18.1%e/(CXA 89(f), Table - for each tool).315. Black 6 Decker has the leading share in the electric power toolmarket, <strong>and</strong> complainants have acknowledged that Black d Decker is a wellknown name in the home-improvement category. (a 429; Unopposed CPF SM 32;RXJ 129 at 1). B C 1( C )(Unopposed RPF 4758).316. Dr. Sorensen did not provide a separate table comparing singlesource identifications to trademark-significant responseo.(Sorensen, Tr.2339).317. As noted above in FF 281, professional users had a higher rate ofMakita identification that do-it-yourselfers.I have also noted thatprofessional users were overrepresented in the universe. (FF 281). Dr.Sorensen testified, however, that the results could be weighted to properlyrepresent professionals in the universe.Based on the documents inevidence as discussed above, the survey results have been weighted toaccount for a universe of ( C )A weighted combined Table 10 of the complainants' survey materials revealsthe following percentage of Makita sole source identifications:p/ The percentages of Black 4i Decker identifications in FF 314 exceed thepercentages of Makita identifications in most categories of tools asreported in FF 312. However, FF 312 represents sole source identificationsof Makita as reported in combined table 10. FF 314 represents anidentification of Black & Decker in answer to Question 1, regardless ofwhether the identification was the sole source or one of two or more in alist of sources identified.97

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