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

The results of the R survey have not been given great weight for a numberof reasons.In the first place, there were only 75 persons interviewed.Moreover, many of the reported results represent a statisticallyinsignificant sample. For example, Study R reports that SOX of the surveyrespondents coming from stores selling tools by respondent Trade Associatesidentify the tool they view as a Hakita.The underlying data reveals thatthe 50% figure represents 1 out of 2 people. This reporting of percentagesfrom statistically insignificant samples appears elsewhere in Dr.Sorensen's work. (FF 350).In view of the fact that (a) confusion was "non-existent among buyerst* ofretail establishments (Sorensen, Tr. at 21141, and (b) that the results ofStudy R purport to demonstrate that non-buyer employees of retailestablishments have a higher rate of mistaking respondents' tools forMakita tools than reported among consumers in Study C, the alleged level ofconfusion by store clerks is of marginal relevance.If it proves anything,Study R proves that power tool consumers know more about power tool brandsthan retail store clerks. a, B re m, 189 U.S.P.Q. 285 (T.T.A.B...1975); -. v. JSiA Group. In&699 F. Id 901, 907 (7th Cir.1983)(evidence of retailer source identification of little value indetermining consumer source identification).Dr. Sorensen testified thdt he could extrapolate the rurvey results inStudy C and Study R to all respondents' tools in issue.(CXA 10, SorensenW.S., at 40). This conclusion, however, bears little weight for a numberof reasons. It is quite apparent that a number of the surveyed respondenttools are closer copier of Makita tools than others. Even if everyinterviewee that mistook a rerpondent product did so bocaure of confusion233