Which of the Following Is NOT an Element of the Tort

question 31

Multiple Choice

Which of the following is NOT an element of the tort of passing-off?

• A)The plaintiff's services and goods must enjoy a reputation that is of some value worth protecting.
• B)The plaintiff must have suffered damage in consequence of passing-off.
• C)The defendant must have misrepresented its goods,service,or business as those of the plaintiff.
• D)The plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place.
• E)There must either be actual confusion or a likelihood of confusion in the public's mind between the goods and services of the plaintiff and those of the defendant.

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Definitions:

Senator Fulbright

An American politician known for his leadership in the creation of the Fulbright Program, designed to promote international understanding through study and research.

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A declaration of conservative principles drafted by young conservatives at Sharon, Connecticut in 1960, emphasizing free market and limited government.