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

quotas to ensure an even distribution of age, and a gender quota to ensurea 90/10 ratio of male/female interviewees. (FF 284).Interviewees that were screened and deemed eligible were shown one of thecomplainants' tools with the tradename masked, and asked, among otherthings : Ul(FF 297-98).What company or companies do you believe make thisproduct? (Question 1).What causes you to say that? (Question 2a)Anything else? (Question 2b).What is the brand name or brand names of thisparticular item? (Question 4a).What causes you to say that? (Question 46).Anything else? (Question 4c).The consumer survey offered into evidence (Study SI reports that a totalof 2,798 interviews were completed in the five metropolitan areas listedabove. (FF 291).Study S is in fact fourteen separate studies, eachdealing with a separate category of tool.There are very significantdifferences in the design characteristics between each of the categories.However, as to the claimed color mark and design/color combination marks,twelve of the studies may be considered as one -- all but the studies on14" cut-off saws and battery cartridges -- as the color "Makita blue" isutilized, on all of the tools in these 12 categories. (Oral Argument, Tr.3765). The individual studies consist of approximately two hundredSurvey respondents were also asked "DO you believe that anything aboutthe appearance of this item influenced your identification." (Question 5)This has been deemed a leading question. (FF 298, 300-01). However, Dr.Sorensen did not rely on the answers to this question in his analysis. (FF301).215