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

472. Makita U.S.A. is a wholly owned subsidiary of Makita ElectricWorks, Ltd. (Margolis, Tr. 3037-38).473. There is a verbal agreement between Hakita U.S.A. that MakitaU.S.A.is the exclusive distributor of Makita brand products in the UnitedStates. (Hargolis, Tr. 3111, 3131).474. In view of the corporation relationship involved herein, MakitaU.S.A.can be considered either the "owner" or "exclusive licensee" in theU.S. of the '296 trademark.(Hargolis, Tr. 3110-16; FF 471-73, above).475. Respondent Jet Equipment infringed the '296 mark on certain partsschematics for an imported wood planer, which showed the "Makita" mark inreverse.Jet ceased using this drawing and discontinued selling thatproduct by 1985. There is no evidence of any further infringement. (SXC5, at 2, 11-12).476. There is insufficient evidence that respondent Steve's Wholesalehas infringed the '296 mark.Steve's Wholesale advertisement.The phrase "Makita copy" appeared in aHowever, it is the contention of thisrespondent that it was actually a Makita product being advertised and thatthe phrase "Makita copy" was an error made by the publication preparing theadvertisement.(SXF 3) Complainants have offered no contrary proof.XIV. PASSING OFF. -ON AND- AD-477. Mr. Griffin does not believe that he has heard of an instancewhere a Home Depot clerk attempted to pass off an Ohio Forge product as aHakita product. (Griffin, Tr. at 541).478. Mr. Griffin had no personal howledge of any comparisons made byTochiado sales representative between a Makita tool and a Tochiado tool.(Griffin, Tr. at 559).136