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.
-Which of the following statements, if true, would be most likely to support a finding that Benji's mark does not infringe on Natalia's mark?
A) In the logos, Benji's rainbow is arched; Natalia's is not.
B) If Benji's establishment is not a restaurant, but a balloon store.
C) If Benji's restaurant served completely different types of food.
D) If the font in Benji's logo were smaller.
E) If customers called Benji's establishment looking for Natalia.
Correct Answer:
Verified
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