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

interviews for each of the fourteen selected tools -- a number that theexperts agree to be an adequate sample for statistical purposes in a randomintercept survey such as the one here at issue. (FF 291).The first inquiry directed to the survey respondents -- What company orcompanies do you believe make this particular item?" -- is, of course, ofprimary importance in analyzing the mental association in the buyers' mindbetween the alleged marks and a single source of the product bearing themarks. Dr. Sorensen testified that, notwithstanding the fact thatsecondary meaning is concerned with sole source identification, thequestion was designed to elicit multiple source identifications if thesurvey respondent offered multiple sources. (Sorensen, Tr. at 2084, 3659).Complainants place significance in the various percentages of surveyrespondents that made multiple source identifications of the tools andw e d Makita first.The significance of a survey response that identifiesMakita first in a list of companies believed to make a particular item is,however, of marginal relevance.Secondary meaning can only be establishedif consumers associate the alleged mark or marks with a sinnle source ofm,the product bearing the mark. Majority Op. at 8; &Q FF 311.When considering identifications of Makita as the sole source of theproducts, complainants posit that the survey indicates the followingresults w:The 7 1/4" Circular Saw (Makita Model 5007NB) ............... 30.8%The Cordless Sander (Makita Model 903533) .................... 19.1%The Finishing Sander (Makita Model BO45501 .................. 26.0%W These results are applicable to survey respondents that identifiedonly Makita in response to survey question 1, and either identified Makitaor answered "Don't know" to a follow-up question as to the brand or brandnams of the product. (Question 4). (FF 313)216