Which of the Following Is NOT an Element of the Tort

Multiple Choice

Which of the following is NOT an element of the tort of passing-off?

A) The plaintiff's services and goods must enjoy a reputation that is of some value worth protecting.
B) The plaintiff must have suffered damage in consequence of passing-off.
C) The defendant must have misrepresented its goods,service,or business as those of the plaintiff.
D) The plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place.
E) There must either be actual confusion or a likelihood of confusion in the public's mind between the goods and services of the plaintiff and those of the defendant.