Regarding Jonah's claim that actual confusion among consumers did not exist,which statement is accurate?
A) Evidence of actual confusion is not a prerequisite for the plaintiff to recover.
B) Evidence of actual confusion among consumers is a necessary predicate to recovery only if secondary meaning cannot be established.
C) Evidence of actual confusion is unnecessary if the plaintiff's sales have decreased at least 10% since the use of the alleged offending product began.
D) Evidence of actual confusion is necessary to recover only if secondary meaning is relied upon as a theory of recovery.
E) Evidence of actual confusion among consumers is a necessary predicate to recovery.
Correct Answer:
Verified
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