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

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

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plunge router would not be covered by Dr. Sorensen's secondary meaningsurvey. (Oral Argument, Tr. 3766). It was not covered by the survey <strong>and</strong>bears no resemblance to the D-h<strong>and</strong>le router which was so covered.413. Respondent Jepson/ ( c ) D-h<strong>and</strong>le router, Model No. 7112, isquite similar in design to the Makita router.(Compare CPX 19 with CPX20). The color scheme is different <strong>and</strong> the cap is somewhat different, butthere is a striking resemblance between these products when placed side byside. I find that the Jepson/( c ) model would infringe the claimeddesign mark of complainants.414. Respondent Alltrade's router, Model No. 1990-B-12 is identical tothe( c ) model <strong>and</strong>, therefore, would infringe the claimed design mark.(See RXP 247).415. The Chicago <strong>Electric</strong> <strong>Power</strong> Tool Model No. 344, imported <strong>and</strong> soldby respondent Central Purchasing d/b/a Harbor Freight is also identical tothe ( c model in design. (Compare CPX 18 to CPX 19). Therefore, italso would infringe the claimed design mark.416. The D-h<strong>and</strong>le router of respondent New Golden Star, Model No. GS360, also appears to be identical in design to the Jepson model. (a, CPX88, Supplemental Ex. 2 to 'the Complaint). It too would infringe theclaimed design mark.I1 c *11. 7 114417. The 7 1/4" circular saw of respondents Jepson/ ( c 1, Model No.8218, is nearly identical in design <strong>and</strong> color to the Makita saw. There isa slight difference in the size <strong>and</strong> shape of the front grip, or ribbon ofthe h<strong>and</strong>le, <strong>and</strong> in the adjustment knobs. (Compare CPX 33 with CPX 32). Ifind the Jepson/ ( C ) saw would infringe the design, color, <strong>and</strong>123

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