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

that the Mark I battery packs would infringe the claimed design marks ofMakita.441. The Mark I battery cartridges of respondent Trade Associates aresold in the United States by ( C ) (CPX 88, SupplementalEx. 7 to Complaint).442. The Johnswell battery cartridges of respondent Jenn Fang are alsoalleged to be infringing products. (CPF PR 53 (11)). However, there areno physical exemplars of this product identified in evidence.Since itdepends upon the size and placement of the rib thereon as to whether itwould infringe the claimed mark (FF 189-911, I cannot make a determinationfrom the documentary exhibits provided (CPX 202, p. 137744; CXL 8, p. 9) ,that these products would be copies of.the Makita cartridges.15. Batterv C w443. Tochiado models FC 6 and FC 8 (CPX 271 and 270) are practicallyidentical to the Makita chargers in evidence -- CPX 185 and 211.TheTochiado chargers are colored a slightly darker blue.I find that theTochiado chargers are strikingly similar to the Hakita chargers in design,color, design/color combination and specific features to the Makitachargers. (Compare CPX 271 6nd 270 with CPX 185 and 211). Therefore, theywould infringe Makita's marks, if Makita had valid comon law trademarks asclaimed.444. The Noma fast charger of respondent Trade Associates (CPX 251) ispractically identical in design to the Hakita charger, except for the factthat the air vents in the rear of the top of the housing are filled in.(Compare CPX 251 with CPX 185).It is, however, a distinctly darker blue129