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

a hex key on the motor housing and the much darker shade of blue usad onthe tool. (Compare CPX 199 with CPX 259). I find that this tool wouldinfringe the claimed design and design features of the Makita tool, but notthe claimed color, or design/color marks... .7. Cordle ss Finis- S anders399. The Workshop Model No. 07301 of respondents ( C and( c )* is ( C ) ( C 1. (Unopposed CPFPR27(4)).It is practicalIy identical to the Makita cordless finishingsander in overall design, specific design features and color.(Compare CPX200 with CPX 37). There are slight differences in the front of the handleand in the base, but the overall similarity is striking.I find that CPX200 would infringe Hakita's design and'design/color marks and the specificfeatures of the design, if Makita had valid marks therein.400. The Mark I cordless finishing sander of respondents TradeAssociates and ( C ) is also practicallyidentical in design to the Makita sander, although it has a distinctivelydarker blue color. Other than the color and a slightly different shape onthe top of the base, it is identical. (Compare CPX 191 with CPX 37). Ifind that CPX 191 would infringe Makita'sdesign and specific designfeature marks, if complainants had valid cornon law trademarks therein.However, this tool would not infringe the claimed color and design/colormarks.401. The Pro Tech Model No. 8801 finishing sander of P6F Brothers/Nu-Way is also quite similar. to the Makita sander, but of a distinctivelydarker blue color.Except for a slightly more angular handle and top ofthe base, and the fact that the screws do not go all the way through the119