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

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

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of enforcement. (FF 474). Respondent Jet Equipment has admittedlyinfringed the '296 mark by showing the "Makita" mark in reverse on certainparts schematics for a wood planer. Such infringement ceased by 1985 <strong>and</strong>there is nc, evidence of any further infringement. (FF 475).VII. -ION AND S UThe evidence of record shows that respondents KO Shin, Tochiado, PCFBrother, Nu-Way, Jenn Feng, Jiang Charng, Kuen Master, Poromes, New GoldenStar <strong>and</strong> Famous Overseas have manufactured accused products outside theUnited States, which products were imported into the United States, <strong>and</strong>that respondents Union Tech, Homegene, <strong>and</strong> Honworld are Taiwanese companieswhich export accused tools to the United States, <strong>and</strong> that respondentsJepson, Tool City, Floyd Ready, Alltrade, Harbor Freight, Pace MembershipWarehouse, Trade Associates, Jet, Pay N' Pak <strong>and</strong> Atlas have imported into<strong>and</strong>/or sold accused products in the United States. (FF 19-99: 494-559).Respondent Puma ( C )-( C ) accused products in the United States. (FF 47, 542).VIII. -TICINDusTRyWith respect to the complainants' claims that are not based onregistered trademark infringement, a violation of section 337 requires adetermination that the alleged unfair acts have the threat or effect ofdestroying or subrtantially injuring a domestic industry or preventing theestablirhment of a domestic industry. 19 U.S.C. 1337(a)(l)(A). The rcopeof the domrtic indurtry or industrier is defined in terms of theproduction-related activities that exploit the intellectual property rightsin issue. :ertain Vacw Bot-, Inv. No. 337-TA-108 (1982);. .Character DeD-, Inv. No. 337-TA-201 (1986).ed Wheel V u ,Inv. No. 337-TA-238

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