What is the effect of Sandy's claim that actual confusion among consumers did not exist?
A) Evidence of actual confusion among consumers is a necessary predicate to recovery.
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 necessary to recover only if secondary meaning is relied upon as a theory of recovery.
D) Evidence of actual confusion is not a prerequisite for the plaintiff to recover.
E) 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.

Question

Quizplus · Accepted Answer

Evidence of actual confusion is a strong indication that there is a likelihood of confusion. It is not, however, a prerequisite for the plaintiff to recover.

What Is the Effect of Sandy's Claim That Actual Confusion