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

I221after requesting a Makita product. (FF 491).To establish "passing off,"there must be proof that respondentsknowingly intended to confuse purchasers.There must be an act ofdeception, which induces someone to purchase respondents' product.K-S-Hstics. Inc. v. Carom ' , 408 F.2d 54, 57 (9th Cir. 1986); Sinner KfoLGo. v. Golh, 171 F.2d 266, 268 (7th Cir. 1948): Certa Cube P d , 219U.S.P.Q. 322, 333, 334 (1982); 1Theteaf, 219 U.S.P.Q. 637, 650 (1982). The evidence in this case revealsthat each of the respondents identify themselves as the source of theirpower tools by using their trade names and trademarks on the tools andidentifying the country of origin on their goods. (FF 492). This recordsimply lacks any evidence of passing off by respondents.Calls, 2 U.S.P.Q. 2d 1889, 1906 (1987).Similarly the clear labeling of respondents' products with the tradenames and trademarks of respondents and the country of origin precludes anyfinding of false representation. at 1906.VI.The Mark "Makita" in stylized form was registered to flakita ElectricWorks of Japan on August 10, 1982. (FF 471). The '296 mark is still inforce. Makita U.S.A. is a wholly owned subsidiary of Hakita Electric andis the exclusive distributor of Makita brand products in the United States.(PP 472-741.. In view of such relationship Makita U.S.A. can be consideredthe "owner," or "exclusive licensee" of the '296 trademark, with the rightu/ Complainants contend that every sale of a respondents' product is aninstance where someone thought they were purchasing a Hakita and were solda respondents' tool instead. This contention is wholly unsubstantiated onthe record.237