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

Jepson Finishing SanderMark I Short Handle Cordless DrillMark I Charger(CPX 89c).346. Study R is based upon a total of 75 interviews conducted in retailestablishments in 5 different cities across the United States.(CPX-89c at9).347. The questionnaires and methodology used for this surveys weresimilar to those used for the secondary meaning survey. (CPX-89, Ex. C;CPX-89e, Ex. C) .348. In Study R, Dr. Sorensen sought to avoid stores that did not sellMakita products. (Sorensen, Tr. 2301). Dr. Sorensen's underlyingassumption was that people who sell Makita products are less likely to beconfused. (Sorensen, Tr. 2438). However, Dr. Sorensen admitted that hedoes not know whether people employed by these stores are more or lesslikely to be confused than those people who do not sell Makita products.(Sorensen, Tr. 2443).349. Complainants' report that Study R reveals an erroneousidentification of a Respondent tool as a Makita tool at rates of 60.0%among sales clerks, 51.9% among retail establishment managers, 40.0% amongretail establishment owners, and is non-existent among buyers.By tool,complainants report aof 64.0% of total survey respondents in Study Ridentified the Jepson Mark .I sander as a Makita, 40.0% identified theMark I charger as a.Makita, and 60.0% identified the Mark I drill asa Makita. (CPF LC 251, 254, 257, 260).. 106