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

work= Mac- contained. wpower tool -- than the universe in WoodIndeed, in terms of the likelihood that the sample of owners and usersincludes persons that are potential purchasers, the survey in thisinvestigation is more likely to include potential purchasers than was foundin Jdoodwo- ' and less likely to include such purchasers as thesurvey of owners in the m e r ware investigation.Plastic Foode C o w ,("-") Inv. No. 337-TA-152, U.S.I.T.C. Pub 1563at 80 (1984) (broad universe supported by facts, and high coincidence ofowners and potential purchasers).Beyond the aforementioned set of potential purchasers, the case differsfrom Y o o d w o r k m insofar as Dr. Sorensen attempted to expresslyinclude within his universe persons that had shopped for power tools in thelast three months, even if such shoppers had not purchased and used powertools in the last twelve months. (FF 274-79). No restriction on thedefinition of shopping was made in the screening interviews.Personsqualified for the survey by answering the following question affirmatively:'"Are you now or during the past three months have youbeen shopping for any small hand held (or small stationary)electric power tool for wood or metal?"(CXA 89(e), Ex. B).As in many cases involving surveys and secondary meaning, complainantshave attempted to maintain the appearance of objectivity while excludingW This inference is supported somewhat by the record. For example, oneprofessional user identified Makita as the source of the Makita longhandledcordless drill and offered as a reason for his identifications:"because I have been looking for power tools to replace the ones I hadstolen." (Questionnaire 2135). A home-user of eight electric power toolsidentified Makita as the source of a tool in issue and responded to aninquiry as to the cause of her identification: "because its the one Iwant." (Questionnaire 8149).220