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.