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

OPINION1. I"This investigation is concerned with the importation and sale in theUnited States of certain electric power tools, battery cartridges andbattery chargers. The principal charges involved are those of infringementof common law trademark, false representation, false advertising andpassing off of power tools of respondents which are allegedly copies of, orconfusingly similar to complainants' tools.The common law trademarksclaimed consist of overall design, color (except for 2 products -- 14" cutoffsaw and battery cartridge), design/color combination and "overalldesign including one or more" of certain stated features of the varioustools at issue. (a, CXA 3, App. B) .'There is also a charge of infringement of U.S. Registered Trademark No.1,204,296 ('@the '296 mark"), but this charge involves only 2 of the 31named respondents. The tools of complainants at issue number over 50,including certain models as sold both alone and in kit form. The number ofrespondents' accused tools at issue come to more than 100 individual tools,battery cartridges and battery chargers.11. JURISDICTIONThe Commission has in pcrsollgID jurisdiction over all parties to thisinvestigation, except Mechanics Products which was never served.Serviceof the complaint and notice of investigation have been made on all otherrespondents.(FF 1).The majority of the respondents filed responses tothe complaint and notice and appeared through counsel at the preliminaryconference held herein on September 29, 1988. (Prelim. Conf., Tr. 5-8).Further, the Commission has jurisdiction over the subject matter of this198