Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided
A) consumers are confused.
B) Bubbly's use is intentional.
C) Bubbly's use reduces the value of Sparkly's mark.
D) Sparkly's mark is registered.

Question

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided
A) ​consumers are confused.
B) ​Bubbly's use is intentional.
C) ​Bubbly's use reduces the value of Sparkly's mark.
D) ​Sparkly's mark is registered.

Quizplus · Accepted Answer

Bubbly Cola's use of Sparkly Cola's trademark without permission can be considered trademark infringement if it causes consumer confusion. This means that consumers might mistake Bubbly Cola for Sparkly Cola or believe that the two brands are affiliated in some way. Intentional use and reduction of the value of the mark are also factors that can be considered in trademark infringement cases, but they are not necessary for a finding of infringement. The fact that Sparkly's mark is registered may strengthen their case, but it is not necessary for Bubbly's use of the mark to be actionable.

Bubbly Cola Features Sparkly Cola's Trademark Without Its Owner's Permission