In Determining Whether a Mark Infringes on a Registered Trademark,which

question 1

Multiple Choice

In determining whether a mark infringes on a registered trademark,which of the following factors would the court be least likely to consider:

• A)The sophistication of consumers.
• B)The similarity of the products or services in issue.
• C)The market share of the plaintiff and defendant.
• D)The intent of the defendant to palm off its product as that of another.
• E)The similarity of the two marks.

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Definitions:

Conventions

This refers to the established practices, rules, or norms in a specific area or among a particular group, often used to ensure consistency and effectiveness.

Customs

Traditional practices and norms that are established and followed by a society, community, or group.

Cultural System

An integrated network of culturally related elements, such as beliefs, practices, norms, and values that influence and guide the behavior of individuals within a particular society.

Ecology

The branch of biology that studies the relationships between organisms and their environment.