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

with CPX 24, 42, 25, 21, and 23).Overall, I find that there are enoughsignificant design changes that this tool would not infringe complainants'claimed design mark.431. It is also alleged that the 14" cut-off saw of respondent NewGolden Star infringes complainants' claimed marks.The only support forthis allegation is CPX 88, Supplemental Ex. 2 to the Complaint. Thiscatalogue page does not provide an adequate view of this product to make adetermination of infringement.432. Nesco Model NI 6800 sold by respondents Nestor sales and Ace Toolis also alleged to infringe the claimed marks.From the catalogue pictureprovided in CPX 88, Supplemental Exs. 5 and 6 to the Complaint, it appearsthat this model is the same as the 14".cut-off saw of (C 1( C , discussed in FF 429, above. I, therefore, find that this sawwould infringe complainants' alleged design mark.433. The 14" cut-off saw of respondent Jiang Charng, Model No. JC 301,is quite similar in design appearance to the Makita model.(Compare CPX88, Ex. 26(a) with CPX 24). Since the catalogue page is in black and whiteI cannot decide the color of this tool.I find that the Jiang Charng sawwould infringe the claimed design mark.434. Complainants also allege that respondent Steve's Wholesale hassold an imported copy of their cut-off saw.(h, CPF PR 48(15)).Theevidence does not support such charge. (SXF 1-31,435. The battery cartridges of respondents Tochiado (Hodel Nos. BC-6and BC-8 -- CPX 272 and 278) and Jepson ( C(Model Nos. 7200 and 9600-- RXP 305 and 440) are identical in design to the Makita cartridges. (CPX127