Infringement of a mark occurs when:
A) a person intends to confuse purchasers by using an identical or substantially indistinguishable mark.
B) it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark.
C) and only when,an identical mark was used in an unauthorized way.
D) a person without authorization uses an identical or substantially similar mark that is likely to cause confusion,to cause mistake,or to deceive.

Question

Quizplus · Accepted Answer

Infringement of a mark occurs when a person without authorization uses an identical or substantially similar mark that is likely to cause confusion, mistake, or deception. This is known as "likelihood of confusion" and is the key factor in determining infringement. Intention to confuse purchasers or actual confusion by purchasers may also be evidence of infringement, but they are not necessary for infringement to occur. Additionally, unauthorized use of an identical mark is not the only way infringement can occur, as the use of a substantially similar mark can also be infringing.

Infringement of a Mark Occurs When