Davidsons Microbrew, Inc. is a small beer manufacturer located in Denver, Colorado. The owner of Davidsons Microbrew, Benjamin Davidson, takes great pride in offering the public a variety of beers, including a particular one that is currently the subject of litigation. Barley-Davidson is a dark brew closely resembling motor oil in its appearance. For the past three (3) years, Barley-Davidson has been sold in orange cans. There is a bar-and-shield logo on the cans front closely resembling the iconic Harley-Davidson logo; in the bar portion of the logo, the Barley-Davidson name appears, and the words Asphalt-Dark Beer appear in the shield portion of the logo. On the back of the can, in small but legible print, the following disclaimer appears: Not affiliated with Harley-Davidson Motor Company. Barley-Davidson has become Davidsons Microbrews most popular product, selling approximately 250,000 units per year. In its lawsuit against Davidsons Microbrew, Harley-Davidson has requested an injunction (temporary, pending litigation, and permanent, post-litigation) and money damages based on all profits generated by the defendant in its sale of Barley-Davidson. Davidsons Microbrews defense is based on four (4) contentions: first, its product (beer) is distinguishable from Harley-Davidsons product (motorcycles); second, its product disclaimer (indicating its non-affiliation with Harley-Davidson Motor Company) is displayed on every can of Barley-Davidson it sells; third, the Barley portion of its dark beers name has nothing to do with Harley-Davidson; and four, the Davidson portion of the beers name is proudly associated with the name of the microbrews company, and the last name of the microbrews founder himself. What is the likely result of the litigation?