Paul and Robert designed a new disk holder that they wanted to introduce to a large market. They decided that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any computer. After playing with some symbols, they decided to use a slight variation of Apple Computer Ltd.'s symbol of an apple because it was pleasing to the eye and well-known. Which of the following is true?
A) If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages.
B) Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence.
C) It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others.
D) There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffered a loss because of this unauthorized use of its symbol.
E) There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert were exactly like its symbol.
Correct Answer:
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