Ran across this interesting 1/2 inch set at a swap meet this weekend. Couldn't find much on it except that HIT Tools appears to be out of Ontario California. I was excited to see some nice tools which appeared to be made in the USA.... only that isn't exactly correct. Called the company yesterday to find out if they produced in 3/8 and 1/4 drives as well. The sales rep disclosed that these tools are actually produced in Taiwan and that the USA was part of the name, not the COO.... WTW? Doesn't seem completely on the up and up... I guess it should have been a tell tail that the ratchet is actually miss labeled as HITS Tool instead of HIT Tools...
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
HIT Tools USA
- Thread starter marke1200
- Start date
neophyte
Well-known member
There are over 2000 listings for “Hit” when I checked the US Trademark database, but using the name “Hit” might also be a problem, in addition to using USA in the brand name.
The USA in the brand name seems a clear violation of FTC regulations.
As to Hit, there’s actually a Japanese tool brand that uses “HIT” as their trademark, and HIT japan, has been selling tools in the US for decades if I’m not mistaken, as well as doing OEM manufacturing for other companies.
Also, why does the brand from CA use both “Hit” and “HITS” on their tools?
http://www.hittools.com/template/contactus.asp
The USA in the brand name seems a clear violation of FTC regulations.
As to Hit, there’s actually a Japanese tool brand that uses “HIT” as their trademark, and HIT japan, has been selling tools in the US for decades if I’m not mistaken, as well as doing OEM manufacturing for other companies.
Also, why does the brand from CA use both “Hit” and “HITS” on their tools?
http://www.hittools.com/template/contactus.asp
sweet victory
Well-known member
There are over 2000 listings for “Hit” when I checked the US Trademark database, but using the name “Hit” might also be a problem, in addition to using USA in the brand name.
The USA in the brand name seems a clear violation of FTC regulations.
As to Hit, there’s actually a Japanese tool brand that uses “HIT” as their trademark, and HIT japan, has been selling tools in the US for decades if I’m not mistaken, as well as doing OEM manufacturing for other companies.
Also, why does the brand from CA use both “Hit” and “HITS” on their tools?
http://www.hittools.com/template/contactus.asp
Are you positive about your second sentence?
From the FTC website:
Ordinarily, the Commission will not consider a manufacturer or marketer’s use of an American brand name or trademark by itself as a U.S. origin claim. Similarly, the Commission is not likely to interpret the mere listing of a company’s U.S. address on a package label in a non-prominent way as a claim of U.S. origin.
You might be referring to the same company. If you read the about us, they talk about their origins in Japan.
http://www.hittools.com/template/aboutus.asp
This company appears to be the same as the Japanese HIT. Their statement to me was that this set is called HIT Tools USA and is not marketed this way outside of the USA. Most of their tools are labeled HIT Tools only or are branded with private labels.
If these are not made in the USA, this particular use of the USA is, I believe, a violation. The problem lies in the way tools are traditionally marked, leading the consumer to believe that the mark indicates USA-made because of where it's placed. Doesn't matter if its intentional or not. It's based on consumer's usual and customary expectation for a product from that industry. In this case, the 'customary' dates back more than a century of tool making. So this is obviously misleading. If FTC action is taken, they'd probably just get reprimanded and told to cease and desist doing this. However, in a class action, the plaintiffs serve as a party/parties that were harmed in some way, then a cash settlement/penalty is likely.
WWheeler
Well-known member
If these are not made in the USA, this particular use of the USA is, I believe, a violation. The problem lies in the way tools are traditionally marked, leading the consumer to believe that the mark indicates USA-made because of where it's placed. Doesn't matter if its intentional or not. It's based on consumer's usual and customary expectation for a product from that industry. In this case, the 'customary' dates back more than a century of tool making. So this is obviously misleading. If FTC action is taken, they'd probably just get reprimanded and told to cease and desist doing this. However, in a class action, the plaintiffs serve as a party/parties that were harmed in some way, then a cash settlement/penalty is likely.
FTC regs tend to only be enforced when the item is 'expressly' marked 'Made in USA' and then "all or virtually all" of the the significant parts must be produced in the US. 'Implied' references, such as a stamp like this that just says 'USA' or a flag symbol or whatnot is much more iffy, and tend to be enforced differently depending on which political party is in charge of the executive branch. The FTC under the more pro-business' party has never enforced anything except 'Express' claims. The other more pro-union party tends to go after stuff like this HIT ****, but even then they often lose.
Last edited:
sweet victory
Well-known member
I won’t pretend to be a lawyer...
...the consumer was deceived...
...if it matters.
I won't either...but in my opinion, I see two options.
1) Prove they are violating some FTC law. That doesn't appear to be the case to me, since if USA is in the name, the FTC does not recognize that as the COO.
2) Prove intent to deceive consumers by registering "USA" in their DBA and printing it in a different font. IMO, this has a better chance of success.