In determining whether a mark infringes on a registered trademark,which of the following factors would the court be least likely to consider:
A)The sophistication of consumers.
B)The similarity of the products or services in issue.
C)The market share of the plaintiff and defendant.
D)The intent of the defendant to palm off its product as that of another.
E)The similarity of the two marks.

Question

Quizplus · Accepted Answer

A)Once a trademark is registered,it is not always easy to predict whether a similar
mark will be found to infringe on the registered trademark.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)Once a trademark is registered,it is not always easy to predict whether a similar mark will be found to infringe on the registered trademark.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."
C)Once a trademark is registered,it is not always easy to predict whether a similar mark will be found to infringe on the registered trademark.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."
D)Once a trademark is registered,it is not always easy to predict whether a similar mark will be found to infringe on the registered trademark.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."

In Determining Whether a Mark Infringes on a Registered Trademark,which