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

P8CCE2UUL HISTXV,Acomplaint was filed with the United States International Tra2eCommission on April 1, 1988, under Section 337 of the Tariff Act of 1933,as amended, 19 U.S.C.§1337 (Section 3371, on behalf of Makita U.S.A.,Inc., 12950 East Alondra Boulevard, Cerritos, California90701-8775 andHakita Corporation of America, 650 Gainesville Highway, Buford, Georgia30518. Supplements to the complaint were filed on July 7, 25, 27 and 29,1988. The Complaint, as supplemented, alleges unfair methods ofcompetition and unfair acts in the importation of certain electric powertools, battery cartridges and battery chargers into the United States, andin their sale, by reason of alleged (1) infringement of U.S. RegisteredTrademark No. 1,204,296; (2) infringement of common law trademarks; (3)false designation of sponsorship, source, or origin and false descriptions;(4) contributory infringement of, and inducement to infringe, Makita'scommon law and registered trademarks; (5)misappropriation of Makita'smarks; (6) passing off; and (7) common law unfair competition. Thecomplaint further alleges that the effect or tendency of the unfair methodsof competition and unfair acts is to destroy or substantially injure and/orprevent the establishment of an efficiently and economically operatedindustry in the United States.Complainants requested the Commission toinstitute an investigation and, after a full investigation, issue apermanent exclusion order.Upon consideration of the complaint, the Commission, on August 9, 1988,ordered than an investigation be instituted pursuant to subsection (b) ofSection 337 to determine whether there is a violation of subsection (a) ofSection 337 in the unlawful importation of certain electric power tools,