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

213 and RXP 337). They are interchangeable therewith in Makita's tools andbattery chargers, (Compare with CPX 185 and 210). If complainant had acommon law trademark on this cartridge these products of said respondentswould infringe it.436. The evidence establishes that respondent Tochiado has sold itsbattery cartridges to ( C I* (CXH 1, p. 001769).( C 1( C ) (CXI 9, p. 2, answer to Interr. No.25). I infer therefrom that these respondents have participated in theimportation and sale of such products in the United States.437. The Workshop 7.2V battery charger manufactured by respondent( c ) f o r ( . C ) .is also very close in design to theUita chargers. (Compare CPX 265 with CPX 185 and 211). The venting isdifferent, in that it is only vented on the bottom, but otherwise it isalmost identical to the hkita chargers in design.It is a much darker anddistinctive shade of blue, however.I find that it would infringe theclaimed design mark.438. The evidence also shows that respondent Honworld has offered forsale the BC 6 and BC 8 battery cartridges in the United States. (CPX 88,Pub. Ex. 30).439. The Jepson battary cartridges, Model Nos. 7200 and 9600 are soldin the United States by respondent Tool City.(Unopposed CPF PR 53 (9 and440. The Hark I battery cartridge (JB 8 and JB 6) of respondent TradeAssociates are interchangeable with Piakita battery cartridges (CXF 21) andhave a similar appearance to the Makita battery packs. (CXF 18). I find128