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

428. Complainants also allege sales of 10" miter saws which infringetheir claimed marks by respondent Steve's Wholesale Distributors. However,the only evidence of record does not substantiate this charge.(a, SXF1-3). CPX 88, Ex. 15 to the Complaint, which is the basis forcomplainants' charge in this regard may even depict a Makita tool. (SXF 1-3).13. J4t9 Cut - Off Sa Wg429. The 14'' cut-off saws of respondents Jepson ( c >, Model No. 9114(CPX 42) and Alltrade, Model No. 1992-B-14 (CPX 211, and the ChicagoElectric Power Tool Model No. 1014 (CPX 23) sold by respondent CentralPurchasing d/b/a Harbor Freight, are all identical in design and color.(Compare: CPX 42, 25, 21 and 23).They each bear much resemblance to theMakita 14''cut-off saw (CPX 241, especially insofar as the design of theguard and the base are concerned. There are slight changes in the shape ofthe motor housing and the handle is somewhat different.The guard is alsored, instead of orange, on the models of these respondents.(Compare withCPX 24).If complainants had a valid common law trademark in the design oftheir 14" cut-off saw, these models sold by said respondents would infringesuch design mark, as they are very similar when viewed side-by-side.430. The Pro-Tech and Nu-Way Model No. 7002 sold by respondents P&FBrother and Nu-Way, has a handle, motor housing and blade guard similar tothat of ( C ) , Alltrade and Central Purchasing.However, the base and the am attaching the motor housing to the base aresomewhat different.The. guard in this case is orange, so that it isidentical to the Makita guard.The base is green and shaped differentlyfrom that of complainants and the above-named respondents. (Compare CPX 26126