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.
-If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark, how would a court most likely rule?
A) For Natalia, but only because of the similarity in color of the two marks.
B) For Natalia, but only because of the evidence that consumers were confused by the two marks.
C) For Benji, because sophisticated consumers would know the difference.
D) For Natalia, because consumers are likely to be confused by the two marks.
E) For Benji, because the restaurant names are not identical.
Correct Answer:
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