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

percent accepted).Moreover, such cases with low recognition rates havealso found strong corroborative evidence of secondary meaning, such as,sales in the United States for over thirty years and advertising whichstressed the mark, mDle Gun T a m , at 44-50, and heavy advertising andthe existence of a strong mark, Cube P w , at 14-15. 281In view of (1) the fact that the universe was purposely designed toensnare people "who could be expected to have been recently aware ofvarious electric power tool brand names, company sources, and brandattributes" (FF 2701, (2) the large number of survey respondents thatidentified the Makita tool as that of another leading manufacturer of powertools other than Makita (together with the fact of Makita's large marketshare) (FF 314-15)29',and the lack of other corroborative evidence, suchas heavy advertising stressing the claimed marks (FF 221-36Iwand (3) therelative indistinctiveness of the alleged marks (FF 162-661, I am notpersuaded that recognition of Makita as the source of the product by 36.6%of such people -- the highest single source identification claimed for anyof the tools -- evidences secondary meaning for the alleged marks forMakits's long handled cordless drill. When the survey results are28/ Complainants' reliance on Certain Cplppgund Acuon Cuttm S nips ismisplaced. Inv. No. 337-TA-197 (1986). In there was afinding of secondary meaning based on fottv QU arbitrary symbols.The survey corroborative evidence gave adequate support for a findingof secondary: meaning under the facts of that case.2p/ Overall, 30.8% ob the survey respondents named Black & Decker inresponse to question 1 in the survey ("What company or companies do youbelieve make this particular item?"). 15.9% named Sears/Craftsrnen. (FF314).As Ba.. Ss~omen noted in his testimony, "secondary meaning ... isgenerated, b) eTlsc%ive com3 successful marketing. Secondary meaning, inmost instances, hsa ~ ( he 2 earned. It is not something that just occurs."(Sorefasen, Tr. 2c1?-12!229