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

investigation under 19 U.S.C.51337 because the alleged unfair acts andunfair methods of competition involve importation of certain electric powertools, battery cartridges and battery chargers into the United States whichallegedly infringe complainants' common law and registered trademarks.tus and Co-s Thereof, Inv. No. 337-TA-97, 215 U.S.P.Q. 229, 231 (1981); Qrtain S u e Handle Faucets , Inv.No. 337-TA-167, Unreviewed I.D. at 31-32.The participating parties havenot contested the Commission's jurisdiction. (FF 1).111. COMMON LAW TUUEAUSA trademark is defined at common law, as it is under the Lanham Act, as"any word, name, symbol, or device, or any combination thereof, adopted andused by a manufacturer or merchant to ,identify his goods and to distinguishthem from those manufactured or sold by others." 15 U.S.C. 91127, 1McCarthy, Dademark and Unfair Cqnpetitm , §3:1 at 103 (1984)("McCarthy") ; Certa in Woodwor- , Inv. No. 337-TA-174 at 6 (1985)( " J 4 4Mac hines") .The common law trademarks claimed by complainants in this investigationinclude: the overall design of each of the tools at issue; the "Makitablue" color of all, or parts of all but two of the tools at issue; and thedesign/color combination of, the tools at issue. (FF 138). In the case of..all Makita'r tools at issue, with the exception of 7"and 9" grinders,there is further a list of features for each category of tools, one or moreof which, when considered along with the overall design, are alsoapparently claimed as common law trademarks. (FF 140). The exactsignificance of such lists of features is unclear.The testimony of199