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

tool, its overall design is much like that of the Makita tool.(CompareCPX 260 with CPX 37). I find, therefore, that CPX 260 would infringe theclaimed design and design features of the Makita tool.infringe the claimed color, or design/color marks.It would not402. Respondent Tochiado's cordless sander, Model No. 7218, isdistinctively different in design and color from the Makita tool. Althoughthe pad mechanism seems to be the same and there are some similarities inoverall design, the distinctiveness of the front handle, the differentshape of the base, and the different location of the push-button switch,all tend to lend it a distinctive look.I find it would not infringe anyof the alleged marks. (Compare CPX 269 with CPX 37).8. Cordless J insawg403. Respondent Tochiado's cordless jigsaws, Model Nos. 7223 (7.2V) and07302 (9.6V) are similar in appearance and color to the Makita jigsaws.(Compare CPX 275 and 273 with CPX 256 and 257).The Tochiado tools areslightly more angular, but otherwise copy all of the features of the Makitatools except for the front guard on the 9.6V Tochiado tool.I find that ifcomplainants had established comon trademarks as claimed herein, theseTochiado jigsaws would infringe them.404. The Mark I 7.2V cordless jigsaw of respondents Trade Associatesandis almost identical to the Makita tool, except for adistinctively darker blue color and a longer handle.(Compare CPX 188 withCPX 256). I find that CPX 188 would infringe the claimed design and designfeature marks, but not the. color or design/color marks.405. The Pro-Tech Model No. 3901 of respondents P6F Brothers/Nu-Way ispractically identical to the Makita jigsaw in all respects except color.120