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

409. The 7" and 9' angle grinders sold by respondent Central Purchasingd/b/a Harbor Freight under the label Chicago Electric Power Tools (Rxp 256and CPX 10) are manufactured by (C 1( C 1 . (Unopposed CPF PR58(18) and PR59(5) ; compare withCPX 8, 11 and 35).Thus, I find that they too would infringe the claimeddesign, color and design/color marks.410. The 7" angle grinder of respondent New Golden Star, Model No. GS-700, appears to be the same as the ( C ) , at least insofaras design is concerned.There is only a catalogue page in evidence and itis not in color. Therefore, I cannot determine the color. (CPX 88,Supplemental Ex. 2 to the Complaint).Thus, I find that this model wouldinfringe the claimed design mark only..411. The 7" angle grinders of respondents Ace Tool Co. ind Neotor SalesCompany, Model Nos. NI 6160 and NI 6180, are manufactured by (C 1( C (Unopposed CPF 58(2)-(7)). They appear to be of the same design asthe Jepson ( C ) model. (CPX 88, Supplemental Exs. 5 and 6 to theComplaint).Since the catalogue pages showing these angle grinders are notin color, I cannot determine the color of such tools.Therefore, I findthat these angle grinders would infringe the claimed design mark only.10. Bpyterg412. Only the D-handle router of complainants, Model No. 3601B (CPX20), is considered herein, as complainants did not identify in theComplaint and Supplements thereto any competing product which allegedlyinfringed their marks in their plunge router, Model No. 3612B.Also, Ihave found above that none of complainants' tools are inherentlydistinctive (FF 162-661, and complainants counsel has admitted that the122