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:

Fair Debt Collection Practices Act

A US federal law aimed at preventing abusive, deceptive, and unfair practices by debt collectors when collecting debts.

Open-end Credit

A pre-approved loan between a financial institution and borrower that can be used repeatedly up to a certain limit and can be repaid prior to payments coming due.

Unpaid Balances

Amounts owed that have not been paid by the due date.

Unsolicited Merchandise

Goods sent to a person without their request, often with the implication that payment is expected if the goods are used or not returned.