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

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452. Respondent Atlas Group -- The following products of thisrespondent would infringe one or more of the claimed marks:cordless drillwith removable battery pack, Model Nos RDD-10, 07300; rxdless finishingsander, Model No. 07301; 7.2V and 9.6V battery cartridges; 7.2. and 9.6Vbattery chargers. (FF 364, 399, 436, 446). These products weremanufactured by ( C 1. (FF 364, 399, 436, 446).453. Respondent Union Tech -- The following products of this respondentwould infringe one or more of the claimed marks:cordless drill withremovable battery pack, Model Nos. RDD 10, 07300; cordless finishingsander, Model No. 07301; 7.2V and 9.6V battery cartridges; 7.2V and 9.6Vbattery chargers. (FF 364, 399, ,436, 446). These products weremanufactured by ( C 1 (FF 364, 399, 436, 446).454. Respondent Jenn Feng -- The following products of this respondentwould infringe one or more of the claimed marks:cordless drill withremovable battery pack, Model Nos. 6035 and 6235; cordless drill with non-removable battery pack. (FF 365, 371).455. Respondent Honworld -- The following products of this respondentwould infringe one or more of the claimed marks:cordless drill withremovable battery pack, Hodgl No. RDD-10 and Workshop 07300; 7.2V and 9.6Vbattery cartridges, Hodel Nos.BC-6 and BC-8; 7.2V and 9.6V batterychargers, Hodel Nos. FC-6 and FC-8. (FF 367, 438, 448).456. Respondent Trade Associates -- The following products of thisrespondent would infringe one or more of the claimed marks:with non-removable battery pack, Hodel No. JD 327 andcordless drillcordless grinder, Hark I Hodel No. JG332; cordless finishing sander; 7.2V132
cordless jigsaw; 7.2V and 9.6V battery cartridges, Mark I Model Nos. JB-6and JB-8; battery chargers, Mark I Model Nos. JC-6 and JC-8 and the Nomafast charger. (ff 368, 376, 398, 400, 404, 440, 444, 449).457. Respondent Central Purchasing d/b/a Harbor Freight -- Thefollowing tools of this respondent would infringe one or more of theclaimed marks:3/8" corded drill, Model No. 1087; finishing (palm) sander,Model No. 345; 4" disc grinder, Model No. 1089; 7" and 9" angle grinders;router, Model No. 344; 7 1/4" circular saw, Model No. 343; 10" miter saw,Model No. 342; 14" cut-off saw, Model No. 1014. (FF 378, 386, 393, 409,415, 421, 424, 429).458. Respondent Alltradewould infringe one or more ofNos. 1902-D-38 and 1903-D-38;4Ic sander grinder, Model No.-- The following tools of this respondentthe claimed marks: 3/8" corded drill, Modelfinishing (palm) sander, Model No. 1931-S-44;19214-4; 7" and 9" angle grinders; router,Model No. 1990-B-12; 7 1/4" circular saw, Model No. 1982-B-725; 10" mitersaw, Model No. 1988-B-10; 14" cut-off saw, Model No. 1992-B-14. (FF 379,384, 392, 408, 414, 418, 423, 429).459. Respondent P6F Brother and Nu-Way -- The following products ofthese respondents would infringe one or more of the claimed marks. 3/8"corded drill, Model No. 9005; cordless finishing sander, Model No. 8801;cordless jigsaw, Model No. 3901; 10" miter saw, Model No. 7201. (FF 380,401, 405, 425).460. Respondents Ace Tool and Nestor Sales -- The following products ofthese companies would infringe one or more of the claimed marks:palmsander , Model No. NI6130; the Jepson. ( c ) 4" disc grinders; 7" anglegrinder, Model Nos. NI6160 and NI6180; 7 1/4" circular saw. Model No.133
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UNITED STATES INTERNATIONAL TRADE C
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25. For the sole violation of secti
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UNITED STATES INTERNATIONAL TRADE C
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3IIComplainants or is relatedtools,
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5VI1(Service of Cease and Desist Or
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7the issuance of temporary exclusio
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N? 1204296THEUNITED STATES OF AMERI
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~~ ~' iUNITED STATES INTEFWATIONAL
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3respondent Jet; (3) whether remedi
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5the moving party had no previous o
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7same parties, merchandise, and all
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9investigation on the basis of the
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11determination not to review and t
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13Commission accordingly finds node
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15that Jet is likely to resume such
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17Tbe Public InterestThe public int
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19United States, and United States
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21Finally, to the extent that the d
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23In the absence of any argument or
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written connnents from other agenci
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would be entitled to enter the Unit
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designation of sponsorship, source,
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FOR RESPONDENTS: JJcKaren M. Riggio
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TABLE OF CONTENTS . page 2VI1 . AVA
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TABLE OF CONTENTS - page 43. Other
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P8CCE2UUL HISTXV,Acomplaint was fil
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Honworld International Inc.P.O. BOX
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Marcia H. Sundeen, Esq., Office of
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e held in default and subjected to
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The foiiowing abbreviations are use
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located at 14930-C Northam Street,
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will add another (C) manufacturing
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attery cartridges and battery charg
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Republic of China.(CXG 1, Response
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54. Alltrade power tools are source
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direct from ( C) (CXE 1, all pages:
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83. Floyd Ready Associates, Inc. ("
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Charng Machinery Works, Ltd., to sh
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(b) Corded 4" Disk Grinders - Model
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and sold in the U.S. by Respondents
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and sold in the U.S. by ( C 1( C (C
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United States by Respondents PhF Br
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(j) Ohio Forge Model 644-196, sold
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is also sold by Respondent Tool Cit
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(e) Nesco Model Ni6800 is manufactu
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(g) Chicago Electric Power Tools Mo
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( C ) (CXI 9, p. 2,Supplemental Res
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chargers for sale in the United Sta
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(j) Alltrade Model 1926-D-7, import
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IV.A. -on La w-138. The common law
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specifically the witness statement
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more of the following features. . .
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170. In view of FF 167-69, above, t
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listed in a distributor price list
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188. This latter testimony of Mr. B
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(C( C199. (( C41).1C) (RXP 414, Sig
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212. In most categories of tools Mr
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differentiate respondents' battery
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(RXP 131, p. 5).and charger for add
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(CPX 96).... built tough and double
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235. The name "Makita" -- a registe
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247. ( C 1 sent a sample Makita cor
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of the Jepson and Chicago Electric
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design to CPX 37, the Makita sander
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attorneys for complainants, he advi
Page 139 and 140: I263. Study S was conducted with ap
Page 141 and 142: (CU 10, Sorensen W.S., at 9: Sorens
Page 143 and 144: individuals who do not intend to us
Page 145 and 146: . Twenty-five percent of the sample
Page 147 and 148: 291. In Dr. Sorenson's Study S, a t
Page 149 and 150: particular item?" (Question 4a).The
Page 151 and 152: have not raised this issue or explo
Page 153 and 154: Tool S-2 (Makite Model 89035333 -Co
Page 155 and 156: Tool S-14 (MAKITA Hodel tDC7100/113
Page 157 and 158: prior to the conduct of the survey
Page 159 and 160: underrepresentation of females, and
Page 161 and 162: after the interviewer counted from
Page 163 and 164: manufacturers' names utilize that a
Page 165 and 166: 350. One-half of the respondents in
Page 167 and 168: (a p9r CXA 49 , CXA 50). The eviden
Page 169 and 170: 365. Respondent Jenn Feng's Johnswe
Page 171 and 172: infringe any of Makita's claimed ma
Page 173 and 174: 380. Respondents P&F BrotherjNu-Way
Page 175 and 176: 5. 4" Disc (Sander) Grinders389. Th
Page 177 and 178: a hex key on the motor housing and
Page 179 and 180: It is a distinctively different col
Page 181 and 182: plunge router would not be covered
Page 183 and 184: and the attachment of the handle an
Page 185 and 186: with CPX 24, 42, 25, 21, and 23).Ov
Page 187 and 188: that the Mark I battery packs would
Page 189: (Unopposed CPF PR 55 (14-1711, are
Page 193 and 194: grinder, Model No. JC 100; 14" cut-
Page 195 and 196: 479. Mr. Griffin had no personal kn
Page 197 and 198: 492. The respondents affix their ow
Page 199 and 200: ( C )( C )( C )( C 1( C )( C 1(CXD
Page 201 and 202: Response to Complainants' Interr. N
Page 203 and 204: 511. ( CC( C( C( C( C( C( C( C )512
Page 205 and 206: MQQELCCCCCCCCCC 1Since 1984, Jepson
Page 207 and 208: MODELDOLLAR AVERAGEOUANTITl BMOUNT
Page 209 and 210: MODELOUA!!ITyDOLLARAMOUNTAVERAGEPRI
Page 211 and 212: CGCCCCCCCCCCCCC. c535. In 1988, P&F
Page 213 and 214: 541. Ta Shin designs and assembles
Page 215 and 216: 552.In 1988, Tochiado sold (CCCC553
Page 217 and 218: MODEL( C 1( C 1(CXF 2).XVI. -TIC IN
Page 219 and 220: C570. ( C571. (( C 1CCC 1C572. MCA
Page 221 and 222: CCCCCCCCCCCCCCCC1577. ( CCC578. ( C
Page 223 and 224: ( C 1(e) Total Domestic W e n t of
Page 225 and 226: 1CCCCC( C 1CCCC.cCCCC 111( CCC(- C
Page 227 and 228: ( C )Once drafted by Hr. Margolis,
Page 229 and 230: ((CC602. (C(C 1603. (CCC 1C604. (C
Page 231 and 232: 617. (C 1..A. CgmDetition Bet ween
Page 233 and 234: 627. Respondent Pace displays tools
Page 235 and 236: Ithe United States. (CXG 1, Ta Shin
Page 237 and 238: 652. Jepson has ( C )throughout the
Page 239 and 240: ( C1( C)( C 1665. ( C ) has adverti
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( C 1(CPX 58, Bing Lin Dep., at 180
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D. Attendance of Trade Sho WS689. T
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(CC1C(C1705. (C( C706.(C1C 1C 1( C1
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712. (C- cC 1(C713. ((ICExxALmu189
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CC(C 1720. (CCCC 1C 1C 1CCC 1C 1(Cx
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activities of respondents is tenuou
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739. Employment at MCA increased in
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(C( C752. (C(C( C )753. (C(C(C754.
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investigation under 19 U.S.C.51337
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indicates that complainants are ent
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are: (1) whether the design asserte
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internal components and the need to
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limited number of alternatives inso
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lue has considerable utility and th
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use of the color pink on its insula
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Certain L-e Products, Majority Op.
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quotas to ensure an even distributi
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The Long Handle Cordless Drill (Mak
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staff's position is well taken beca
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from their sample as many people as
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Respondents' experts testified pers
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The Finishing Sander (Makita Model
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attributable only to the claimed ma
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percent accepted).Moreover, such ca
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especially where the survey was con
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The results of the R survey have no
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any of these persons appear as witn
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I221after requesting a Makita produ
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122 (19821, S€hWer K€& COS v. U
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commercial realities test in the Co
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produced in the United States. 2 1A
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The evidence reveals that complaina
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If complainants had proven that the
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in conceivable loss of sales, a ten
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vnotion Docket Nos. 284-133 and 284
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espondents' unfair acts and unfair
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production of power tools in their
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Certain Electric Power Tools, Battery Cartridges, and ... - USITC

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