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

484. Mr. McHale testified that the Jepson salesman indicated that someof th parts of the Jepson drill, such as the housing, motor, trigger andchuck were made by the same manufacturer that made those parts for Makita.(CXA 6, McHale W.S.).485. Mr. McHale was aware of internal differences between the Jepsonand Makita drills.(CXA 6, HcHale W.S.).486. Hr. HcHale was not persuaded to buy the Jepson tool. He admittedthere was something sufficiently different about the Jepson product thatdissuaded him from purchasing it. (McHale, Tr. 1267).487. The Jepson representative, in talking to Mr. HcHale, referred tohis product by the name Jepson.He did not say it was a Hakita brandproduct. (McHale, Tr. 1270).488. Carmen Fraser, another purchaser of power tools for a retailgroup, testified that she was approached by a Jepson representative andshown a blue line of tools.The salesman told her they were replicas ofthe Makita tool and used the same motor.He pointed out, however, thatthey (than the Makita tools. She told him she was not interested.(CXA 7, Fraser W.S.).489. The Jepson salesman never referred to the product as being aHakita product in his statements to Hs. Fraser. (Fraser, Tr. 1402).490. Hs. Fraser and her company did not purchase any Jepson power toolsbecause she felt it was a copy, and she wanted to carry the Hakita product.(Fraser, Tr. 1402-03)491. There is no evidence of specific instances in which a customerrequesting a Hakita product was supplied with an accused product.(SXT 4,at 2; Response to Staff Interr. 35).138