Silken Inc Manufactures a Wide Range of Bath Products

Multiple Choice

Silken Inc manufactures a wide range of bath products. Its best- selling item is the one litre bottle of "Silky Soak" water softener. A large part of the reason for that success is the distinctive and easily recognized bottle in which "Silky Soak" has been sold for many years. Silken Inc recently applied to protect the rights that are connected with the appearance of the "Silky Soak" bottle. That application was, however, rejected. As a matter of law, that rejection may be due to the fact that

A) Silken Inc's application was based on the colour of the bottle.
B) Silken Inc's application was based on the materials used in the bottle
C) the unique design of the bottle is purely functional in nature.
D) Silken Inc had successfully applied for the same protection ten years earlier.
E) all of the above