Which of the following is a defense to a charge of trademark infringement?
A) The statutory period protecting the trademark has expired.
B) There is a good chance of the public being confused.
C) The use is a "fair use."
D) The mark is distinctive.
E) The mark or symbol is considerably different.

Question

Quizplus · Accepted Answer

To win a trademark infringement lawsuit, a defendant will usually present one of three basic defenses: (1) the mark is not distinctive, (2) there is little chance of the public's being confused by use of a term trademarked by someone else, or (3) the use is a "fair use."

Which of the Following Is a Defense to a Charge