If a Trademark Is Unregistered, Which of the Following May

question 11

Multiple Choice

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

• A) Only damages.
• B) Only an injunction prohibiting the infringer from using the mark.
• C) An additional amount of damages computed as a multiplier of 5 times the original damages.
• D) Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages.
• E) Damages and an injunction prohibiting the infringer from using the mark.