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

380. Respondents P&F BrotherjNu-Way's 3/8" electric drill, Model No.9005 is almost identical in design to Makita's Model No. DP 3720. (CompareCPX 3 with CPX 2). However, the color is a much darker blue. Complainantdoes not even claim infringement on the basis of color for this tool.(CXA3, App. A). I therefore find that it infringes complainants' allegeddesign mark, as well as the individual features claimed (except thatneither the P&F Brothers/Nu-Way nor Makita Model No. DP 3720 have theforward and reversing switch in the base of the handle). (CPX 3; CPX 2).381. Respondents Ace Tool Co. and Nestor Sales Company's 3/8" VSRdrill, Model No. NI6030, may bear some resemblance to Makita's drills.However, there seems to be at least one prominent distinguishing feature inthat brush holder caps appear to be located at the lower front end of themotor housing.Moreover. the photographs of this drill in the Supplementto the Complaint (CPX 88, Supplemental Exs. 5 and 6) are so indistinct thatI cannot make out whether there is a belt clip on top and whether theremight be other prominent distinguishing features, nor can I determine thecolor of such tool. I must therefore find that it does not infringe any ofthe claimed marks... .4. S a n w382. Respondents Jepson. ( c ) palm sander, Model No. 6245 (CPX 40)is practically identical to Makita's palm sander, Model No. BO4510 (CPX 38)with the exception of a slightly different switch and the elimination ofone vent hole on each side of the top. I find that the Jepson ( c ) palmsander would infringe all of the marks claimed by Makita.383. ( C ) sells the Jepson ( c )palm sander in itsstores.(Unopposed CPF PR41(4)).115