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

More documents

Recommendations

Info

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
492. The respondents affix their own tradenames and marks on theaccused products and identify the country of origin on their goods. (*,u, CPX 175, 206, 219, 276, 279; Rxp 281; SPF K30, Unopposed as to thesefacts).493. There is no evidence of record of any respondent advertising theirproduct as being a Hakita product, or otherwise misrepresenting theirproduct to be a Hakita product.-494. Since at least January 1, 1985, Alltrade has been engaged in theimportation, distribution, and sale in the United States of accusedelectric power tools and accessories under the Alltrade and AlltradeProfessional m et. (CXD 3, Response to Complainants' Interr. Nor. 2, 12;CXD 5; Response to Staff Interr. No. 2).495. In 1986, Alltrade made the following sales of accused cordedproducts :nODELOUANTInDOLLARbnouNTAVERAGEPRICEC1C1C1C1C1C1C1C1C 1C 1139
Page 2 and 3:
UNITED STATES INTERNATIONAL TRADE C
Page 6 and 7:
25. For the sole violation of secti
Page 9 and 10:
UNITED STATES INTERNATIONAL TRADE C
Page 11 and 12:
3IIComplainants or is relatedtools,
Page 13 and 14:
5VI1(Service of Cease and Desist Or
Page 15:
7the issuance of temporary exclusio
Page 19 and 20:
N? 1204296THEUNITED STATES OF AMERI
Page 21 and 22:
~~ ~' iUNITED STATES INTEFWATIONAL
Page 23 and 24:
3respondent Jet; (3) whether remedi
Page 25 and 26:
5the moving party had no previous o
Page 27 and 28:
7same parties, merchandise, and all
Page 29 and 30:
9investigation on the basis of the
Page 31 and 32:
11determination not to review and t
Page 33 and 34:
13Commission accordingly finds node
Page 35 and 36:
15that Jet is likely to resume such
Page 37 and 38:
17Tbe Public InterestThe public int
Page 39 and 40:
19United States, and United States
Page 41 and 42:
21Finally, to the extent that the d
Page 43:
23In the absence of any argument or
Page 46 and 47:
written connnents from other agenci
Page 48 and 49:
would be entitled to enter the Unit
Page 50 and 51:
designation of sponsorship, source,
Page 52 and 53:
FOR RESPONDENTS: JJcKaren M. Riggio
Page 54 and 55:
TABLE OF CONTENTS . page 2VI1 . AVA
Page 56 and 57:
TABLE OF CONTENTS - page 43. Other
Page 59 and 60:
P8CCE2UUL HISTXV,Acomplaint was fil
Page 61 and 62:
Honworld International Inc.P.O. BOX
Page 63 and 64:
Marcia H. Sundeen, Esq., Office of
Page 65 and 66:
e held in default and subjected to
Page 67 and 68:
The foiiowing abbreviations are use
Page 69 and 70:
located at 14930-C Northam Street,
Page 71 and 72:
will add another (C) manufacturing
Page 73 and 74:
attery cartridges and battery charg
Page 75 and 76:
Republic of China.(CXG 1, Response
Page 77 and 78:
54. Alltrade power tools are source
Page 79 and 80:
direct from ( C) (CXE 1, all pages:
Page 81 and 82:
83. Floyd Ready Associates, Inc. ("
Page 83 and 84:
Charng Machinery Works, Ltd., to sh
Page 85 and 86:
(b) Corded 4" Disk Grinders - Model
Page 87 and 88:
and sold in the U.S. by Respondents
Page 89 and 90:
and sold in the U.S. by ( C 1( C (C
Page 91 and 92:
United States by Respondents PhF Br
Page 93 and 94:
(j) Ohio Forge Model 644-196, sold
Page 95 and 96:
is also sold by Respondent Tool Cit
Page 97 and 98:
(e) Nesco Model Ni6800 is manufactu
Page 99 and 100:
(g) Chicago Electric Power Tools Mo
Page 101 and 102:
( C ) (CXI 9, p. 2,Supplemental Res
Page 103 and 104:
chargers for sale in the United Sta
Page 105 and 106:
(j) Alltrade Model 1926-D-7, import
Page 107 and 108:
IV.A. -on La w-138. The common law
Page 109 and 110:
specifically the witness statement
Page 111 and 112:
more of the following features. . .
Page 113 and 114:
170. In view of FF 167-69, above, t
Page 115 and 116:
listed in a distributor price list
Page 117 and 118:
188. This latter testimony of Mr. B
Page 119 and 120:
(C( C199. (( C41).1C) (RXP 414, Sig
Page 121 and 122:
212. In most categories of tools Mr
Page 123 and 124:
differentiate respondents' battery
Page 125 and 126:
(RXP 131, p. 5).and charger for add
Page 127 and 128:
(CPX 96).... built tough and double
Page 129 and 130:
235. The name "Makita" -- a registe
Page 131 and 132:
247. ( C 1 sent a sample Makita cor
Page 133 and 134:
of the Jepson and Chicago Electric
Page 135 and 136:
design to CPX 37, the Makita sander
Page 137 and 138:
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 and 190: (Unopposed CPF PR 55 (14-1711, are
Page 191 and 192: cordless jigsaw; 7.2V and 9.6V batt
Page 193 and 194: grinder, Model No. JC 100; 14" cut-
Page 195: 479. Mr. Griffin had no personal kn
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
Page 241 and 242: ( C 1(CPX 58, Bing Lin Dep., at 180
Page 243 and 244: D. Attendance of Trade Sho WS689. T
Page 245 and 246: (CC1C(C1705. (C( C706.(C1C 1C 1( C1
Page 247 and 248:
712. (C- cC 1(C713. ((ICExxALmu189
Page 249 and 250:
CC(C 1720. (CCCC 1C 1C 1CCC 1C 1(Cx
Page 251 and 252:
activities of respondents is tenuou
Page 253 and 254:
739. Employment at MCA increased in
Page 255 and 256:
(C( C752. (C(C( C )753. (C(C(C754.
Page 257 and 258:
investigation under 19 U.S.C.51337
Page 259 and 260:
indicates that complainants are ent
Page 261 and 262:
are: (1) whether the design asserte
Page 263 and 264:
internal components and the need to
Page 265 and 266:
limited number of alternatives inso
Page 267 and 268:
lue has considerable utility and th
Page 269 and 270:
use of the color pink on its insula
Page 271 and 272:
Certain L-e Products, Majority Op.
Page 273 and 274:
quotas to ensure an even distributi
Page 275 and 276:
The Long Handle Cordless Drill (Mak
Page 277 and 278:
staff's position is well taken beca
Page 279 and 280:
from their sample as many people as
Page 281 and 282:
Respondents' experts testified pers
Page 283 and 284:
The Finishing Sander (Makita Model
Page 285 and 286:
attributable only to the claimed ma
Page 287 and 288:
percent accepted).Moreover, such ca
Page 289 and 290:
especially where the survey was con
Page 291 and 292:
The results of the R survey have no
Page 293 and 294:
any of these persons appear as witn
Page 295 and 296:
I221after requesting a Makita produ
Page 297 and 298:
122 (19821, S€hWer K€& COS v. U
Page 299 and 300:
commercial realities test in the Co
Page 301 and 302:
produced in the United States. 2 1A
Page 303 and 304:
The evidence reveals that complaina
Page 305 and 306:
If complainants had proven that the
Page 307 and 308:
in conceivable loss of sales, a ten
Page 309 and 310:
vnotion Docket Nos. 284-133 and 284
Page 311 and 312:
espondents' unfair acts and unfair
Page 313 and 314:
production of power tools in their
show all

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

Create successful ePaper yourself

Delete template?

Save as template?