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

they are red in color. (CPX 195). Therefore, they would infringe none ofthe claimed marks.395. Respondent Jiang Charng's 4" disc grinder, Model No. JC-100,appears to be identical to the Makita model. (Compare CPX 88, Ex. 26, p.3, of the Public Exs. to the Complaint, with CPX 169). It is impossible totell from this catalogue page the color of the Jiang Charng model.I wouldfind, therefore, that the 4" disc grinder of this respondent infringedHakita's design mark and the design features claimed by Makita, if Makitahad such valid marks, but not the claimed color mark.6. CorQss G r w396. The Tochiado cordless grinder, Model No. 277, is similar in thehandle and the control button to the Makita cordless grinder.However, themotor housing is distinctly different. (Compare CPX 277 with CPX 259).The color is similar but somewhat darker on the Tochiado model.In view ofthe distinctively different shapes of the body housing, I find that thecolor difference is sufficient to distinguish it from the Makita blue.Ifind, therefore, that this model is sufficiently distinct from the Mskitatool that it would not infringe any of the alleged marks.397. The cordless grinder of respondents PbF Brotherr/Nu-Way (CPX 261)also has design features distinguishing it from the Makita tool.It has amuch more rounded motor housing, with a hex key recessed in the housing,It also has a different end and latching means on the end of the handle,It is a much darker blue.(Compare CPX 261 with CPX 259).would not infringe any of .the claimed marks.I find that it398, The Marc I cordless grinder of respondent Trade Associates, ModelNo, 36332, is almost identical to the Makita tool, except for the slot for118