[Grooming Dispute] Marcus has a successful dog grooming business called "Bark & Bath." He registered the business name for trademark protection.Jonah noticed how well Marcus was doing and opened his own business called "Bark & Bath II." Marcus is unhappy about Jonah's use of the name.He is also unhappy because Jonah is copying Marcus's practice of tying a bright orange bandana around each dog's neck immediately after grooming.Marcus sues Jonah for trademark infringement based upon the name and the use of the orange bandana.Jonah replies that one reason Marcus should not prevail is that he is involved primarily in the sale of dog grooming products while Marcus is involved in the grooming of dogs.Jonah claims that his use of the orange bandana is very rare because he does very little grooming.Jonah also defends on the basis that actual confusion among consumers does not exist.Marcus insists that he should prevail and notes that he is considering expanding into the product sales area.
-Regarding Marcus' claim of trademark infringement involving the color of the bandana,which statement is accurate?

Question

Quizplus · Accepted Answer

A)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.
B)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.
C)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.
D)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.
E)In Qualitex Co.v.Jacobson Products Co. ,Justice Breyer,writing for a majority of the Supreme Court,recognized that a color,if unusual enough in the context,could in fact come to identify goods with their source,just as descriptive words on a product could.

[Grooming Dispute] Marcus Has a Successful Dog Grooming Business Called