[Grooming Dispute] Marcus Has a Successful Dog Grooming Business Called

question 20

Multiple Choice

[Grooming Dispute] Marcus has a successful dog grooming business called "Bark & Bath." He registered the business name for trademark protection. Jonah noticed how well Marcus was doing and opened his own business called "Bark & Bath II." Marcus is unhappy about Jonah's use of the name. He is also unhappy because Jonah is copying Marcus's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Marcus sues Jonah for trademark infringement based upon the name and the use of the orange bandana. Jonah replies that one reason Marcus should not prevail is that he is involved primarily in the sale of dog grooming products while Marcus is involved in the grooming of dogs. Jonah claims that his use of the orange bandana is very rare because he does very little grooming. Jonah also defends on the basis that actual confusion among consumers does not exist. Marcus insists that he should prevail and notes that he is considering expanding into the product sales area.
-Regarding Marcus' claim of trademark infringement involving the color of the bandana, which statement is accurate?

• A) Color may not be a trademark.
• B) Color can be a trademark regardless of whether it identifies goods with their source.
• C) Color may be a trademark if it identifies goods with their source.
• D) Color can be considered in a trademark infringement case only if another primary trademark infringement has been established.
• E) Color can be a consideration in a trademark infringement case only if a primary additional infringement has been established and secondary meaning has been established in regards to the color.

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Definitions:

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Awards or rewards given for a specific achievement or competition.

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