Natalia owns Balloon Heaven, a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky. Natalia registered her mark, which consists of the restaurant name in the basket of a rainbow-colored hot air balloon. After Natalia's success, Benji opened a restaurant called Heavenly Balloons on the other side of town. The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon, with similar tables and paintings. Benji's logo, which appeared on billboards and local advertisements, depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon. Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
-To succeed on a claim of trade-dress infringement, what must Natalia prove?
A) The trade dress is primarily nonfunctional, inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion.
B) The trade dress is inherently distinctive or has secondary meaning, and the alleged infringement creates a likelihood of confusion.
C) The trade dress is inherently distinctive, has secondary meaning, and the alleged infringement creates a likelihood of confusion.
D) The trade dress is primarily nonfunctional, and the alleged infringement creates a likelihood of confusion.
E) Likelihood of confusion.
Correct Answer:
Verified
Q66: Ramona has an idea for an electric
Q67: Ramona has an idea for an electric
Q68: Natalia owns Balloon Heaven, a popular restaurant
Q69: [Scuba Diving] Felicia invented a new type
Q70: Natalia owns Balloon Heaven, a popular restaurant
Q72: Natalia owns Balloon Heaven, a popular restaurant
Q73: Ramona has an idea for an electric
Q74: [Scuba Diving] Felicia invented a new type
Q75: Tomas took a number of wedding photos
Q76: Natalia owns Balloon Heaven, a popular restaurant
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents