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

and the attachment of the handle and the shield, but overall these toolsare strikingly similar in design and color when placed side-by-side.(Compare CPX 29 with CPX 144). I find that this Jepson tool would infringethe claimed design, color, and design/color marks.423. The 10" miter saw of respondent Alltrade, Model No. 1988-B-10 (RXP248) is identical to the ( c ) model and would infringe the sameclaimed marks. (Compare with CPX 29).424. The Chicago Electric Power Tools Model No. 342, imported and soldby respondent Central Purchasing d/b/a Harbor Freight is also identical tothe ( C ) model and would infringe the same claimed marks. (b,CPX 28).425. The Pro-Tech Model No. 7201,. exported to the U.S. by respondentsPCF Brother/Nu-Way (CPX 30) is very similar in design to the Makita saw,but is black in color,It also has made the same slight design changes asthe ( C 3 model. I find that it would infringe the claimed designmark.426. Nesco Model No. NI 6810, 80ld by respondents Nestor Sales and AceTool Co. appear to have similar features to the above models. (CPX 88,Supplemental Exs. 5 and 6 to'the Complaint).The exhibit showing this toolis not in color.I find, that it would infringe complainants' claimeddesign mark.427. Complainants' have alleged that respondent Famous Overseas hasexported infringing 10" miter saws to the U.S.proof of such infringement or sales have been made.Supplemental Ex. 3; FF 366, above).However, no sufficient(a, CPX 88,125