Regarding Marcus' claim that the name Jonah chose violates his trademark protection,which statement is accurate?
A)In order to constitute trademark violation,Jonah's store would need to have been called the exact same thing as Marcus' store without the "II."
B)A key inquiry is whether the defendant sold goods or services to customers that likely would have been customers of the plaintiff were the defendant not in business.
C)A key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of the defendant.
D)The key inquiry is whether a similarity exists which is likely to cause confusion from the perspective of the plaintiff meaning that the plaintiff has acted willfully.
E)The key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of prospective purchasers.

Question

Quizplus · Accepted Answer

A)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."
B)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."
C)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."
D)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."
E)In Toys "R" Us,Inc. ,v.Canarsie Kiddie Shop,Inc. ,the court explained that "[T]he key inquiry is…whether a similarity exists which is likely to cause confusion.This test must be applied from the perspective of prospective purchasers.Thus,it must be determined whether the impression which the infringing [mark] makes upon the consumer is such that he is likely to believe the product is from the same source as the one he knows under the trade-mark."

Regarding Marcus' Claim That the Name Jonah Chose Violates His