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

It is a distinctively different color, even on the metallic shoe, (CompareCPX 189 with CPX 257).The principal difference other than color is thatthe screws do not go all the way through.I find that CPX 189 wouldinfringe the claimed design and design feature marks, but not the allegedcolor and design/color marks.406. CPX 268, the Houseworks cordless jigsaw of respondent Union Tech(Unopposed CPF 35(2)) is distinctively different in overall design andcolor from the Makita tool. (Compare CPX 268 with CPX 256). I find thatit would not infringe any of the claimed marks.9. -e I1 Grinders407. The Jepson 0 C 7" and 9" angle grinders, Hodel Nos. 4207,4215, 4207LB, and 4209L (CPX 8, 35, 11; CXI-1, p. 2: CXB 7: CXC-41, arevery similar in overall design and color to the Makita angle grinders.(Compare CPX 8, 11 and 35 with CPX 12 and 13).There are slightmodifications in the head and body, including the position of the brushholder caps, and the way the handle is attached to the body, but theoverall similarity in color and design is striking when these anglegrinders are placed side-by-side. I find that the Jepson ( C ) modelswould infringe the claimed marks in overall design, color and thedesign/color combination.'408. Respondent Alltrade's 7" and 9" angle grinders (RXP 242, 243; CPX88, Pub. Ex. 35 to Complaint, pp. 3-4) are identical to the Jepson. ( C 1angle grinders, with the exception that the 9" angle grinder has a bluehandle, as well as the body. (Sea, RXP 243). I find that these anglegrinders would infringe the claimed design, color and design/color marks.121