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

grinder, Model No. JC 100; 14" cut-off saw, Model No. JC-301. (FF 395,433).468. Respondent New Golden Star -- The following products of thisrespondent would infringe one or more of the claimed marks:7" anglegrinder, Model No. GS-700; router, Model No. GS-360; 14" cut-off saw.(FF 410, 416, 431).. .17. Noninfrlnnlna Respond-469. The following respondents have not been shown to have infringedany of complainants' alleged common law trademarks:Ta Shin (FF 363, 372);Famous Overseas Corporation (FF 366, 427); Steve's Wholesale Distributors121(FF 428, 434); Kuen Master (FF 375); and Jet Equipment (FF 394).470. Steve's Wholesale Distributors i s a retail store. It purchased atotal of 30 cut-off saws from ( C) in 1986 and had no inventory of suchsaws by the end of 1986.The Makita sales representative that servicedthis store could not remember seeing a "knock-off" tool in this store inthe three years he had called on it prior to November, 1988. (SIC€ 2-3).To the extent this respondent has sold any accused products it isminimis. (SXF 1-3).B. Utered Trademark471. Makita Electric Works, Ltd. (Japan) is the owner of the registeredtrademark nMakita," Registration No. 1.204,296 ("the '296 mark").(Hattori, Tr. 983; Pub. Ex. 14 to complaint).The mark was registered onAugust 10, 1983.(Pub. Ex..14 to complaint).f2/ This proceeding has been terminated on the basis of settlementagreements insofar as respondents Robert Bosch-Power Tool Corporatin,International Consumer Brands and Home Depot are concerned.135