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

5. 4" Disc (Sander) Grinders389. The 4" disc grinder of Respondents Jepson/( C , Model No.4204N, is somewhat similar to the Makita 4" disc grinder, except for theshape of the head and the color of the rear portion of the housing.(Compare CPX 42 with CPX 169).However, the non-respondent competitorproducts in evidence also bear great resemblance in the shape of the bodyhousing to the Makita disc grinder. (Compare CPX 114, 120, 146 and 162).Moreover the head of the Jepson,' ( c )model more nearly resembles thehead of the Ryobi disc grinder. (CPX 162). I find that the Jepson( c )model would infringe complainants' color mark, if such were established,but would not infringe any claimed design mark.390. The Jepson/ ( C 1 disc grinder is also sold in the United Statesby ( C (Unopposed CPF 43 (1):CPX 88, Supplemental Exs. 5 and 6 to the Complaint).391. The Jepson,' ( c ) disc grinder is also sold in the United StatesbY ( C ) (Unopposed CPF 43(5); CPX 88, Supplemental Ex. 44to the Complaint).392. Respondent Alltrade's 4" sander grinder, Model No. 1921-S-4, isidentical to the Jepson/ ( c ) model. (CPX 196). It would thus alsoinfringe the claimed color nyrk.393. The 4" grinder of respondent Central Purchasing d/b/a HarborFreight, Hodel No. 1089, is also identical to the ( C ) model.(CPX 192).It would thus also infringe the claimed color mark.394. The 4" disc grinder of respondent Jet Equipment, Model Nos. JEG400and JEG 400HG are similar in design to the Jepson?( c ) model, except117