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

in that the results are stretched across three separate claimed marks.Theresults as to any one individual claimed mark are very difficult toascertain, but they are certainly less than the sum total.Assuming, UuendQ, that complainants' Study S results are notartificially inflated, and are meaningful as to the claimed marks, theystill do not indicate that any of complainants' fifty three tool designs,the color "Makita blue," and the design/color combination of such toolshave attained secondary meaning.To support a finding of secondarymeaning, Study S would have to indicate that a substantial or significantportion of the relevant buying class associate the marks with a singlesource.dle Faucetg, Inv. No. 337-TA-167, (CommissionOrder 1984); McCarthy, a at 5 32.54.There is no prescribed recognition rate for determining what weight asurvey is entitled to as evidence of secondary meaning, but figuresexceeding 50% are generally considered sufficient. Hood wor- Mac-,at 22; Faucets, a at 41-44 (63% recognition rate consideredsufficient) ; Certain Sneakers with F-berSoleg , Inv. No.337-TA-118, Conmission Op. at 8-12 (1983) (67% recognition rate consideredsufficient).Lower figures 'have been persuasive in cases involving low-priced, high volume products that are typically purchased with relativelylittle consideration. -Y - S u e Gun T a w , Inv. No. 337-TA-137, ID at 29-43 (1984) (recognition rates of 14w, 30, and 40 percentaccepted as evidence);, Inv. No. 337-TA-112, Views ofEckes and Haggart at 13-14 (1983) (recognition rates of 33, 40, and 72W The 14% figure was given little consideration due to extenuatingcircumstances.228