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

design/color marks alleged by complainants, as well as the specific designfeatures claimed for thir tool.418. Respondent Alltrade's 7 1/4" circular saw, Model No. 1982-B-725,is identical to the ( C ) model (Compare CPX 34 with CPX 33) andwould infringe the alleged marks in the same manner.419. ( C purchased and offered forsale Alltrade Model No. 1982-B-725. (Unopposed CPF PR 45(5)).420. The 7 1/4" circular saw of respondents Nestor Sales Company andAce Tool Co., Model No. NI 6870, appear to be quite similar in design tothe Jepson ( c ) and Makita tools. As the catalogue pages are in blackand white, it is impossible to determine the color thereof, or to determineprecisely the fine features thereon.--(See, CPX 99, Supplemental Exs. 5 and6 to the complaint). I find this saw would infringe the claimed designmark only.421. The Chicago Electric Power Tool 7 1/4" circular saw, Model No.343, imported and sold by respondent Central Purchasing d/b/a HarborFreight is manufactured by ( C ) (Unopposed CPF PR 45(8)) andappears to be identical in design to the ( C ) model above. (a,CPX 88, Ex. 39 to the Complaint).Since the catalogue page showing thisitem is not in color, I can make no determination as to color ordesign/color combination.I find that this tool would infringe the claimeddesign mark.12. l!l ll niter Sa Wg422. The 10" Miter Saw of respondents Jepson ( c 1 Model No. 9210s(CPX 29) is quite similar in overall design and color to the Makita 10"miter saws. There are some changes made in the shape of the motor housing,124