In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, D'Amato claimed that there could not be any consumer confusion because he had a disclaimer on his website. The appeals court held that:

Question

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The appeals court did not accept any of the options presented in the choices. The court held that the disclaimer alone was insufficient to avoid consumer confusion and trademark infringement. The court explained that disclaimers could be considered along with other factors, but they were not a complete defense on their own.

In Audi AG V