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

(a p9r CXA 49 , CXA 50). The evidence shows, though, that other U.S.manufacturers and distributors of power tools perform work on tools otherthan their own, These include Ski1 and Black & Decker. (Griffin, Tr. 320-21; Unopposed RPF 4060). ( C 1( C 1 (SXT 38 at 2).359. The respondents affix their own tradenames and marks on theaccused products and identify their country of origin on their goods. (b,fs~, CPX 175, 279, 276; CPX 219, 206; RXP 281).A. WXIII. INFRI"T360. If complainants had a common law trademar- in the design, color,design/color combination, and/or any of the individual design featurea setforth in Exhibit B to CXA2, certain of the accused products importedand/or sold by some of the respondents would infringe such trademarks.(FF 361-476, below).1. -ass Drills with -le Battery Pa&361. Respondents Jepson ( c ) -- 3/6" cordless driver drills, HodelNos. 2416 and 2410 (CPX 236 and 240) would infringe the design trademark ofthe Wita cordless drills and each individual design feature claimed.(Compare with CPX 180 and 228).They would not infringe the claimed coloror desigdcolor marks since they are gray in color.Respondent Jepson'sdrills are otherwise almost identical in shape and design to the Hakitadrills.362. Respondent Tochiado -- 3/8" cordless driver drills, Hodel Nos.9610, 9610V, 7210, and 7210s (CPX 279, 276, 224 and 2801, would infringethe design trademark and the individual design features claimed by109