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

ION AND 0-Based on the foregoing findings of fact, conclusions of law, the opinionand the record as a whole, and having considered all of the pleadings andarguments presented orally and in briefs, as well as proposed findings offact and conclusions of law, it is the Administrative Law Judge'sDETERMINATION that there is no violation of section 337(a)(l)(A)inconnection with the importation and sale in the United States of theaccused electric power tools, battery cartridges, and battery chargersthrough false representation, false advertising, passing off, orinfringement of common law trademarks of complainants in the design, colorand design/color combination of such tools, but that there has been aviolation Section of 337(a)(l)(C) by respondent Jet Equipment 6r Tools,Inc., through the depiction of complainants' Registered Trademark No.1,204,296, in connection with the importation and sale of certain accusedwood planers.The Administrative Law Judge hereby CERTIFIES to the Conmission thisInitial Determination, together with the record of the hearing in thisinvestigation consisting of the following:1. The transcript of the.hearing, with appropriate corrections as mayhereafter be ordered by the Administrative Law Judge: and further2. The exhibits accepted into evidence in the course of the hearing, aslisted in the Appendix attached hereto.Further, it is ORDERED that1. Complainants shall provide the Commission on or before September 1,1989 with a verified report of their activities occurring subsequent to thefiling of this initial determination concerning the comencement of254