What Is the Effect of Sandy's Claim That Actual Confusion

Multiple Choice

What is the effect of Sandy's claim that actual confusion among consumers did not exist?

A) Evidence of actual confusion among consumers is a necessary predicate to recovery.
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 necessary to recover only if secondary meaning is relied upon as a theory of recovery.
D) Evidence of actual confusion is not a prerequisite for the plaintiff to recover.
E) 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.