Which of the following statements,if true,would be most likely to support a finding that Benji's mark does not infringe on Natalia's mark?
A)If Benji's restaurant served completely different types of food.
B)If customers called Benji's establishment looking for Natalia.
C)In the logos,Benji's rainbow is arched;Natalia's is not.
D)If the font in Benji's logo were smaller.
E)If Benji's establishment is not a restaurant,but a balloon store.

Question

Quizplus · Accepted Answer

A)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)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."

Which of the Following Statements,if True,would Be Most Likely to Support