Question
Forrest Technologies designs, manufactures and sells personal technology devices. Forrest creates trademarks to enhance the marketing of its products and many of the trademarks are
Forrest Technologies designs, manufactures and sells personal technology devices. Forrest creates trademarks to enhance the marketing of its products and many of the trademarks are illustrations that are intended to create familiarity with their products. Forrest began marketing a new line of earbud headphones called the "Fullsound Buds" and it put a symbol on each of its Fullsound Buds that was identical to the "swoosh" symbol used by Nike. The symbol (which is a registered trademark of Nike) is familiar to all of us: Nike has sued Forrest alleging trademark infringement under the Trademark Dilution Revision Act which modified the Lanham Act. Forrest believes it has done nothing wrong because it and Nike conduct business in completely different markets - personal technology versus sporting equipment and clothing - so there can't be any confusion in the marketplace. Which of the following answers is correct? O A. Nike cannot recover under any legal theory because there is no likelihood of confusion in the marketplace. B. Under the Lanham Act, Nike must have registered its mark in order to proceed with its claim. O C. Nike may succeed if it proves that its mark is famous. O D. Nike will succeed if it can show that Forrest intended to confuse consumers by using the popular Nike trademark.
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