What Is the Effect of Sandy's Claim That Actual Confusion

question 36

Multiple Choice

What is the effect of Sandy's claim that actual confusion among consumers did not exist?

• A) Evidence of actual confusion among consumers is a necessary predicate to recovery.
• B) Evidence of actual confusion among consumers is a necessary predicate to recovery only if secondary meaning cannot be established.
• C) Evidence of actual confusion is necessary to recover only if secondary meaning is relied upon as a theory of recovery.
• D) Evidence of actual confusion is not a prerequisite for the plaintiff to recover.
• E) Evidence of actual confusion is unnecessary if the plaintiff's sales have decreased at least 10% since the use of the alleged offending product began.

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Definitions:

Cones

Photoreceptor cells in the retina of the eye that function best in relatively bright light and provide the ability to perceive color and fine detail.

Wavelengths

The distance between successive crests of a wave, typically used in the context of electromagnetic waves, sound waves, or other wave phenomena.

Visual Receptors

Cells located in the retina of the eye that are sensitive to light and enable vision.

Color Vision

The ability of the visual system to distinguish objects based on the wavelengths of the light they reflect, emit, or transmit.