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

Ohio, and Dr. Sorensen did not give good reasons for abandoning Columbus.(FF 265).( C 1( C 1( C 1( C 1( C ) In short, the survey results are somewhatinflated by the fact that they were conducted in locations where Hakitarecognition could be expected to be relatively high.e. me Stu- Cl-As noted above in FF 138, complainants are claiming connnon law trademarkrights for their tools in at least 3 separate marks -- design alone, coloralone, and design/color combination.Dr. Sorensen's study clearlyoverextends itself in attempting to find secondary meaning for each ofthese claimed marks.Table 10 of the Study S tabulations reveals thepercentage of sole source identifications for any of forty-two reasonsdeemed trademark-significant by Dr. Sorensen. A perusal of thequestionnaires reveals that some of the identifications were made on thebasis of both design features and color, some were made on color alone,some on design alone, and some on the basis of factors not directlyattributable to any of the claimed marks, such as "I own one."(Judge'sEx. 2).Under these circumstances, if there is to be any overall significance tothe percentage of sole source Makita identification, it would perforce beW Such tri-partite claims apply, of course, to only those 12 categoriesof tools that utilize the color "Makita blue."226