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

354. At all times prior to, during, and after meeting with Jepsonpersonnel, Carmen Fraser knew that Jepson products were not manufactured byMakita. (Fraser, Tr. 1369-1411).355. Fraser and her company, the Terry Company, never purchased anyJepson products as a result of representations made by Jepsonrepresentatives. (Fraser, Tr. 1406). Indeed, Ms. Fraser contacted Makitaon more than one occasion to tell them that another company was makingtools similar to Makita's. (Fraser, Tr. 1408).356. Michael McHale, a former employee of the Anderson Lumber Company,was also called as a confusion witness by the complainants.Jepson salesrepresentatives visited the Anderson Lumber Company, presented labelledJepson tools to Mr. McHale, and indicated that the tools were as good asMakita's. (McHale, Tr. 1207; CXA 6 at 1). Jepson never made anyrepresentation to Mr. McHale that its tools were Makita, nor did they everrepresent themselves as Makita sales representatives. (McHale, Tr. 1264).Anderson Lumber, the former employer of Michael McHale, never purchasedJepson tools during his tenure with the company. (McHale, Tr. 1270).357. Max Daniels was also called as a confusion witness bycomplainants. Mr. Daniels Gew the Makita representatives in his territoryand knew that his representatives had the exclusive right to representPIakita. (Daniels, Tr. 1233; Unopposed RPF 4371).Mr. Daniels was neverconfused about the difference between a Makita power tool and a Jepsonpower tool. (Daniels, Tr. 1235; Unopposed RPF 4370).The company for whichMr. Daniels works has never bought Jepson tools. (Daniels, Tr. 1232).358. Complainants allege that the return of ten respondents' tools toMakita factory service centers evidences incidences of actual confusion.108