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

376. There is also evidence that the Mechanics Products' 3/8" cordlessdrill (no model number) infringes the claimed design and design featuresmarks.A catalogue photograph (CPX 88, Pub. Ex. 41 to the Complaint andCPX 202, p. 137034) shows a drill with the Mechanics label which appears tobe identical in all respects to the Makita drill, except for the color.The color of the Mechanics drill is purple and would not infringe theclaimed color mark. (CPX 202, p. 137034). This drill is sold in theUnited States by ( C (Unopposed CPF 29(a)).3. 3/8" Corded Drills377. Respondents Jepson ( C ) 3/8" VSR drills, Model Nos. 1210 and2200 are almost identical in overall design and color to the Xakita drill,with the exception that the front portion of the motor housing is metal andmetallic gray, instead of polycarbonate, and the belt clip has been movedto the side, instead of being built in on the top as on the Makita.(Compare CPX 6 and 7 with CPX 5). I find that the Jepsorb ( c drillswould infringe the alleged design and design/color marks of MAkita and,also, that they copy the individual design features claimed by Makita,except for the location and style of the belt hook.378. Respondent Harbor Freight's 3/8" VSR drill, Model No. 1087 (RXP258) is identical to the Jepson ( c Model No. 2200 (CPX 7) and wouldinfringe in the ime manner.379. Respondent Alltrade's 3/8" VSR drill, Model Nos. 1902-D-38 and1903-D-38, are identical to the Jepson ( C 1 drills. (Compare CPX 202,p. 136903 with CPX 6 and I). They would thus infringe the claimed Makitamarks in the same manner.114