If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark,how would a court most likely rule?
A)For Benji,because sophisticated consumers would know the difference.
B)For Natalia,but only because of the similarity in color of the two marks.
C)For Benji,because the restaurant names are not identical.
D)For Natalia,but only because of the evidence that consumers were confused by the two marks.
E)For Natalia,because consumers are likely to be confused by the two marks.

Question

Quizplus · Accepted Answer

A)Once a trademark is registered,it is not always easy to predict whether a similar
mark will be found to infringe on the registered trademark.The primary issue is whether consumers are likely to be confused by the two marks.This decision is based on factors such as "the similarity of the marks;the similarity of the products or services in issue;… the sophistication of consumers";and even the "intent of the defendant to palm off its product as that of another."
B)Once a trademark is registered,it is not always easy to predict whether a similar mark will be found to infringe on the registered trademark.The primary issue is whether consumers are likely to be confused by the two marks.This decision is based on factors such as "the similarity of the marks;the similarity of the products or services in issue;… the sophistication of consumers";and even the "intent of the defendant to palm off its product as that of another."

If Natalia Includes a Claim That Heavenly Balloon's Mark Infringed