Natalia owns Balloon Heaven,a popular restaurant in which patrons sit in faux hot air balloons and the walls and ceiling are painted like the sky.Natalia registered her mark,which consists of the restaurant name in the basket of a rainbow-colored hot air balloon.After Natalia's success,Benji opened a restaurant called Heavenly Balloons on the other side of town.The décor of Heavenly Balloons is similarly crafted to give the patron the impression of eating in the basket of a hot air balloon,with similar tables and paintings.Benji's logo,which appeared on billboards and local advertisements,depicts a rainbow-colored hot air balloon with the restaurant's name in the balloon.Several customers have congratulated Natalia on opening a second restaurant and on the billboards appearing around town.
-To succeed on a claim of trade-dress infringement,what must Natalia prove?

Question

Quizplus · Accepted Answer

A)To succeed on a claim of trade-dress infringement,a party must prove three elements: 1)The trade dress is primarily nonfunctional;2)the trade dress is inherently distinctive or has acquired a secondary meaning;and 3)the alleged infringement creates a likelihood of confusion.
B)To succeed on a claim of trade-dress infringement,a party must prove three elements: 1)The trade dress is primarily nonfunctional;2)the trade dress is inherently distinctive or has acquired a secondary meaning;and 3)the alleged infringement creates a likelihood of confusion.
C)To succeed on a claim of trade-dress infringement,a party must prove three elements: 1)The trade dress is primarily nonfunctional;2)the trade dress is inherently distinctive or has acquired a secondary meaning;and 3)the alleged infringement creates a likelihood of confusion.
D)To succeed on a claim of trade-dress infringement,a party must prove three elements: 1)The trade dress is primarily nonfunctional;2)the trade dress is inherently distinctive or has acquired a secondary meaning;and 3)the alleged infringement creates a likelihood of confusion.
E)To succeed on a claim of trade-dress infringement,a party must prove three elements: 1)The trade dress is primarily nonfunctional;2)the trade dress is inherently distinctive or has acquired a secondary meaning;and 3)the alleged infringement creates a likelihood of confusion.

Natalia Owns Balloon Heaven,a Popular Restaurant in Which Patrons Sit