In Audi AG V

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, the appeals court held that it would consider certain factors about possible infringement; the factors do not include:

A) revenue captured by defendant
B) similarity of the marks
C) strength of plaintiff's mark
D) evidence of actual confusion by consumers
E) all of these are factors considered by the court