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 must have suffered damage in consequence of passing off.
B) The plaintiff's services, and goods must enjoy a reputation that is of some value worth protecting.
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 that of the defendant.