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

1. The Commission has jurisdiction over the subject matter of thisinvestigation, personal jurisdiction over all respondents, except MechanicProducts, and in jurisdiction over the accused electric power tools,battery cartridges, and battery chargers.19 U.S.C. section 1337(b).2. Complainants have no cornon law trademark in any of the designconfigurations alleged in the complaint.3. Complainants have no conunon law trademark in any shade of blue.4. Complainants have no common law trademark in any of thedesign/color combination marks alleged in the Complaint.5. If complainants had a conunon law trademark in the design, colorand design/color combination of their.tools, and had proven confusion, thefollowing respondents would infringe such trademarks through theimportation and or sale in the United States of certain accused products:Jepson, KO Shin, Tochiado, Atlas, Union Tech, Jenn Feng, Honworld, TradeAssociates, Harbor Freight (Central Purchasing d/b/a/ Harbor Freight) ,Alltrade, P&F Brotherr, Nu-Way, Ace Tool, Nestor Sales, Puma, Poromes,Homegene, Tool City, Pace Manbetship Warehouse, Pay N' Pdc, Floyd Ready,Jiang Charng, and New Golden Star.6. If complainant8 had A comon law trademark in the design, colorand derign/color combination of their tools, a domestic industry wouldexist in throo c~tegorier of the tools at issue, cordlerr drillr, corded 4"finishing randerr and corded 3/8"drills.7. If complain~ntr had a common law trademark in the design, colorand design/color combination of their tools, the threat and effect of said252