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

manufacturers' names utilize that as a basic "noise level" with which toadjust the data.When utilizing this method with Dr. Sorensen's data,Makita fails with Dr.Sorensen's survey to illustrate any purportedconfusion. (Jacoby, Tr. 2881).339. 8.2% of the total survey respondents in study C made exclusively aMakita brand source identification. (Sorensen, Tr. 2228; Jacoby, Tr. 2875-76; CPX-89 at 27).340. According to Dr. Jacoby, the confusion levels utilized by Dr.Sorensen, even those used when using a sole source identifier, areinflated.Reference to reasons for confusion indicate numerous reasonswhich are not trademark significant. (Jacoby, Tr. 2877-78).341. According to Dr. Jacoby, even assuming Dr. Sorensen's Study C wasnot flawed, the data does not indicate any actionable level of confusionwith respect to Respondents' products and Makita products.(Jacoby, Tr.2893).342. The numbers in the results of Study C are not sufficient toestablish likelihood of confusion between the acused products and theMakita products. (Bunge, Tr. 2682; Jacoby, Tr. 2893).343. Dr. Sorensen did not examine at least fifteen of the tools atissue. Of the tools Dr. Sorensen did examine, less than half were physicalexemplars. (Sorensen, Tr. 2484-85, 2493-94; SPX-8 at 19).B- au!&LB344. Dr. Sorensen also conducted a survey to measure likelihood ofconfusion among retail personnel (hereinafter referred to as "Study R").(CPX-89~).345. Study R was conducted using the following products:105