Asked by Future- Success on May 02, 2024
Verified
What is the effect of actual confusion when trademark infringement is alleged?
A) It is not a prerequisite for the plaintiff to recover but it is a strong indication that there is a likelihood of confusion.
B) It is a prerequisite for the plaintiff to recover.
C) It is a weak indication that there is a likelihood of confusion.
D) It is a strong indication that the plaintiff will bridge the gap.
E) It is a strong indication that there is a likelihood of confusion and also that the plaintiff will bridge the gap.
Actual Confusion
A situation in trademark law where consumers mistakenly believe there is a connection between two parties’ products or services.
Likelihood Of Confusion
A standard used in trademark law to assess whether a trademark is so similar to an existing one that it could confuse customers.
- Understand the intricacies of trademark dilution, infringement, and the standards for legal safeguarding.
Verified Answer
ZK
Zybrea KnightMay 07, 2024
Final Answer :
A
Explanation :
Actual confusion is not a prerequisite for a plaintiff to recover in a trademark infringement case, but it serves as a strong indication that consumers are likely to be confused by the similarity between the plaintiff's and defendant's marks.
Learning Objectives
- Understand the intricacies of trademark dilution, infringement, and the standards for legal safeguarding.
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