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

complainants, except for the textured grip surface.Although respondentTochiado has made some changes in overall design of its 9.6V drills (CPX279 and 2761, such as the grooves in the rear of the upper portion of themotors housing, and the triangular insert under the front of the motorhousing, these drills are still quite similar in appearance to the Makitadrills. (CPX 180 and 217). The 7.2V drills are even closer copies. TheTochiado drills, except for CPX 276, also would infringe Hakita's colormark and design/color combination mark, as they are very close in color toMakita blue. (CPX 279, 224, 280). CPX 276 is a much darker blue, almostpurple, and would not infringe any existing color mark, or design/colorcombination.363. Respondent Ta Shin -- Respondent Ta Shin's cordless drills withbattery pack (w, CPX 220) are of a distinctly different design and colorfrom complainants' drills and would not infringe any marks of complainants.(Compare with CPX 224 and 228).364. Respondent Atlas' Workshop Model No. 07300, manufactured by( C )would infringe the design trademark of complainants and each individualdesign feature claimed.Although this model has a built in belt clip onthe top rear of the motot housing, it still copies a11 of the moreprominent features of the Makita drill. (w, CPX 228). It would alsoinfringe the color and design/color combination marks claimed bycomplainants, as its color. is very close to that of the Hakita drill.(Compare, CPX 222 and 228) .eu/1Q/ This model was also imported and sold by ( CComplaint Ex. 30, p. 21,110