Which of the Following Is True Regarding Joshua's Claim That

question 13

Multiple Choice

Which of the following is true regarding Joshua's claim that the name Sandy chose violates his trademark protection?

• A) In order to constitute trademark violation, Sandy's store would need to have been called the exact same thing as Joshua's store without the "II."
• B) A key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of the defendant.
• C) The key inquiry is whether a similarity exists which is likely to cause confusion from the perspective of the plaintiff meaning that the plaintiff has acted willfully.
• D) The key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of prospective purchasers.
• E) A key inquiry is whether the defendant sold goods or services to customers that likely would have been customers of the plaintiff were the defendant not in business.

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Definitions:

Civil Cases

Legal disputes between two or more parties in which compensation may be awarded to the victim.

Criminal Cases

Legal proceedings brought against individuals accused of committing crimes against the state or public.

Appellate Jurisdiction

The authority of a court to review and decide on appeals from the decisions of lower courts.

Original Jurisdiction

The power of a court to hear a case for the first time, as opposed to appellate jurisdiction.