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[Grooming Dispute] Marcus Has a Successful Dog Grooming Business Called

Question 72

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[Grooming Dispute] Marcus has a successful dog grooming business called "Bark & Bath." He registered the business name for trademark protection. Jonah noticed how well Marcus was doing and opened his own business called "Bark & Bath II." Marcus is unhappy about Jonah's use of the name. He is also unhappy because Jonah is copying Marcus's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Marcus sues Jonah for trademark infringement based upon the name and the use of the orange bandana. Jonah replies that one reason Marcus should not prevail is that he is involved primarily in the sale of dog grooming products while Marcus is involved in the grooming of dogs. Jonah claims that his use of the orange bandana is very rare because he does very little grooming. Jonah also defends on the basis that actual confusion among consumers does not exist. Marcus insists that he should prevail and notes that he is considering expanding into the product sales area.
-The question of whether Marcus intends to expand into the area of dog grooming product sales is relevant to which concept in a consideration of trademark infringement?


A) The possibility of bridging the gap
B) The possibility of twin competition
C) The possibility of building the bridge
D) The possibility of sweeping the product
E) The possibility of actual confusion

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