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

4B in study C (brand identification) for all tools, 5.8% gave a Black &Decker brand source identification while 2.9% listed Makita. (FF 335).Among professionals, Makita was mentioned more frequently than Black &Decker.Respondents' experts testified persuasively that the aforementionedresults strongly indicate guessing rather than confusion. (FF 337-38). Iagree.This finding is supported by the fact that Dr. Sorensen, in thepilot study, asked whether the survey respondents had previously seen thetool they were asked to identify. He discovered that almost two-thirds ofthe survey respondents had not previously seen the subject-tools. (FF302). In the final survey, Dr. Sorensen did not ask the survey respondentswhether they had previously seen the subject tools, and his reasons fordoing so were insufficient.One can' infer that a significant number ofpersons that were shown a power tool with a respondents' label had neverseen such a tool. The fact that a small percentage of the intervieweesidentified the leading manufacturers as "the company or companies (they)believe make this product" is evidence of erroneous guessing rather thanconsumer confusion. (FF 334-37).Dr. Sorensen also undertook to survey persons employed in retailestablishments which were likely to sell Makita products. (Study R)Sorensen postulated that sales clerks in stores most likely to sell Makitaare presumptively knowledgeable about the source of origin of Hakitaproducts and are relied upon by consumers. Purported evidence of confusionamong these persons was intended to demonstrate or corroborate evidencepurportedly showing likelihood of confusion among consumers. (FF 334-48).232