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

espondents' unfair acts and unfair methods of competition would be tosubstantially injure or destroy the relevant domestic industry.8. If complainants had a common law trademark in the design, colorand design/color combination of their tools, the following respondentswould not infringe the alleged trademarks: Ta Shin, Famous OverseasCorporation, Steve's Wholesale Distributors, Kuen Master, and JetEquipment.9.10.11.No respondent has engaged in passing-off.No respondent has engaged in false advertising.No respondent has engaged in false representation.12. U.S. Registered Trademark No. 1,204,296 was infringed byrespondent Jet Equipment in connection,with the importation and sale ofcertain accused wood planers through the depiction of the '296 mark inreverse on certain parts schematics.13. A domestic industry exists in the United States for theexploitation of the '296 registered trademark.14. Registered trademark infringement is an unfair act or unfairmethod of competition under 19 U.S.C.section 1337(a)(l)(C).15. Respondent Jet Equipment has violated section 337. 19 U.S.C.section 1337.16. Complainants have established a readiness to comence domesticproduction of cordless jigsaws, cordless sanders and cordless grinders.17. Complainants have failed to prove that they have been preventedfrom establishing a domestic industry through the unfair methods ofcompetition and unfair acts of respondents.25 3