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

365. Respondent Jenn Feng's Johnswell cordless drill, Model No. 6035and 6235, appear to be identical in design and in each of the claimedindividual design features to the Makita cordless drill. (Compare CPX 88,Ex. 27, p. 3 to the complaint and CPX 202, M137744, pp. 5 and 6 -- JennFeng catalogue pages -- with CPX 228).The Johnswell drill is adistinctively different color from the Makita drill, however, and wouldthus not infringe on the color mark, or design/color mark claimed byMakita.(al CPX 202, M 137744, at 5 and 6).366. Respondent Famous Overseas Corporation of Taiwan is alleged tohave exported a 3/8" cordless drill to the United States which allegedlycopied Makita's 3/8" cordless drills in design and/or color. (See CPX 88,Ex. 3 to Supplement to the Complaint, Affidavit of Patrick J. Griffin).Respondent Famous Overseas has been found in default. (See Order No. 70).However, the affidavit of Mr. Griffin is insufficient, even as secondaryevidence, to find this company's products to be infringing.367. Respondents ( C 3 3/8" cordless drill, ModelNo. RDD-10, is quite similar to the Makita cordless drills and appears tohave been copied therefrom (Compare photographs in CPX 88, Exs. 30 and 31to the Complaint and CPX 202, p. 137341, with CPX 228). The onlydifference is the built-in belt clip on the top of respondents' drill.Otherwise it appears to be a close copy of the Makita drill in overalldesign, the individual design features claimed by Makita, and in color.Respondents Honworld and Union Tech are both in default.(Order No. 70).2.Cordless Drills with Non - Rem0 vable Batterv Packs368. Respondent Trade Associates' Mark I 3/8" cordless drill Model No.JD 327 (also sold by Trade Associates' ( C , I111