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:

Core Message

The primary and most important idea or statement that an individual, company, or campaign aims to communicate to its audience.

Counterarguing

The practice of actively challenging or disputing the arguments of others, often to defend one's own position or beliefs.

Advertising Message

The core idea or theme conveyed through an advertising campaign to influence the perception or behavior of the target audience.

Internalization

The integration of knowledge, attitudes, and values from another culture or system into one's own culture or way of thinking.