3. The makers of a new toothpaste called West launch their new product on the market with a heavy ad campaign in newspapers, magazines, and television stations across the nation. The ads feature a western theme that re-volves around cowboys, gunfighters, and similar char-acters endorsing the product. While the commercials are unique, the packaging and lettering of the toothpaste are very similar to another leading dentifrice, Crest. Based on these facts, answer the following questions:

A. Does there seem to be a trademark infringement here? What will the makers of Crest need to show in order to succeed in a trademark infringement action?

B. Assuming that the lettering and designs are found to infringe on Crest's registered trademark, what damages should be assessed against the manufac-turer of West toothpaste?

C. What damages can the makers of Crest seek against the media for running the infringing commercials?