Regarding Jonah's Claim That Actual Confusion Among Consumers Did Not

Multiple Choice

Regarding Jonah's claim that actual confusion among consumers did not exist,which statement is accurate?

A) Evidence of actual confusion is not a prerequisite for the plaintiff to recover.
B) Evidence of actual confusion among consumers is a necessary predicate to recovery only if secondary meaning cannot be established.
C) Evidence of actual confusion is unnecessary if the plaintiff's sales have decreased at least 10% since the use of the alleged offending product began.
D) Evidence of actual confusion is necessary to recover only if secondary meaning is relied upon as a theory of recovery.
E) Evidence of actual confusion among consumers is a necessary predicate to recovery.