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

in color.I find that this charger would infringe the claimed design anddesign features set forth by complainants.445. The chargers of respondents Jepson ( c ) (CPX 197 and RXP 294)are not similar in color or design to the Makita chargers which are inevidence. (Compare with CPX 185 and 211). They do not, therefore,infringe the marks complainants claim in such products.446. ( C ) purchases and exports to the United StatesTochiado's FC-8 battery charger (Unopposed CPF PR 55(2)).It has alsopurchased the FC-6 battery charger from Tochiado. (CXH 1, p. 001773).( C )( C ) (CXI 9, p. 2, answerto Interr, No. 25).I infer therefrom that these respondents haveparticipated in the importation and sale of such products in the UnitedStates.447. The Workshop 7.2V battery charger manufactured by respondent( c 1 for ( C ) is also very close in design to theMakita 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 Makita chargers in design. It is a much darker anddistinctive shade of blue,.however. I find that it would infringe theclaimed design mark.448. The evidence also indicates that respondent Honworld has offeredfor sale in the United States the FC-6 and FC-8 battery chargers. (CPX 88,Pub. Ex. 30).449. The battery chargers of respondent Trade Associates the Hark IModels JC 6 and JC 8 imported from Taiwan and sold in the United States130