Kizspy | Question: 25
(Choose 1 answer)
The standard that must be met for a plaintiff to win a trade mark dilution claim is the likelihood of confusion.
A. Yes. Likelihood of confusion is the key indicator to identify a trade mark infringement.
B. No. Since dilution is a form of damage in passing off, the plaintiff must show there is a reputation in the mark or get-up; there has been confusion in the marketplace, and the owner has suffered damage to win the claim.
C. No. The damage is the fundamental indicator in a dilution claim, that the plaintiff must prove to win the case.
D. There are no correct answers
