Bubbly Cola Features Sparkly Cola's Trademark Without Its Owner's Permission

question 19

Multiple Choice

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided

• A) consumers are confused.
• B) Bubbly's use is intentional.
• C) Sparkly's mark is not distinct from all competing marks.
• D) Sparkly's mark is registered.

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Definitions:

Anal Stage

The second stage in Freud's psychosexual development theory, occurring from age 18 months to 3 years, where the focus of pleasure is on controlling bladder and bowel movements.

Phallic Stage

A stage in Freud's psychosexual development theory occurring between ages three and six, where the child's libido is focused on the genital area, leading to identification with the same-sex parent.

Reaction Formation

Reaction formation is a psychological defense mechanism in which an individual acts in a manner opposite to their actual feelings or desires.

Defense Mechanism

A psychological strategy unconsciously used to protect a person from anxiety arising from unacceptable thoughts or feelings.