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

infringe any of Makita's claimed marks.(Compare CPX 219 with CPX 227, 229and RXP 327(a)).373. Respondent Tochiado's 3/8" cordless drill, Model No. 7210A (CPX274) bears some similarity to the Makita cordless drill, although it hasmade several changes in design features, especially the addition of abuilt-in belt clip.The overall design is so similar, however, as well asthe color, so that my comparison of the physical models leads me to findthat the Tochiado model has been copied from the Makita model and thusinfringes the claimed Makita design mark and design/color combination mark.(Compare CPX 274 with CPX 227 and RXP 327(a) 1.374. Respondent Homegene's 3/8" cordless drill, Model No. 8702, appearsto be the same in overall design to the Makita drills. (Compare cataloguephoto in CPX 88, Pub. Ex. 29 to the Complaint with RXP 327(a) and CPX 227).Since this photo is in black and white and rather indistinct, it cannot bedetermined whether the Homegene drill would infringe Makita's claimed colormark, or the individual design features claimed for this product.I dofind however that it would infringe the claimed design mark.375. Respondent Kuen Master's 3/8" cordless drill, Model Nos. KD 301and KD 360, bear little similarity to the Makita drills in overallappearance.(Compare photographs in CPX 88, Pub. Ex. 28 to the Complaintand in CPX 202 pp. 137355 and 137356 to RXP 327(a) and CPX 227).Theposition urd angle of the handle, the texture of the handle and the shapeof the motor housing are somewhat different in the Kuen Master Drill. Thecolor of respondent's drill is black.I find that the Kuen Master drillwould not infringe any of the claimed marks.113