Walt Disney Productions V

Multiple Choice

Walt Disney Productions v.Triple Five Corp.involved a passing-off action related to use of the word "Fantasyland." According to this case,which of the following is true about the law of passing-off?

A) The law of passing off requires some proof of actual confusion.
B) The law of passing off is founded in contract law.
C) The law of passing off does not require proof of any intent to deceive or misrepresent.
D) In a passing-off action, the onus is on the defendant to prove that no damage was caused.
E) In a passing-off action, proof of trade-mark registration must be established.