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Question
Nebula Roasters, Inc. owns a registered mark NEBULA for coffee and related beverages, first used in commerce in 2016. A competitor Galaxy Coffee Co., LLC begins marketing a line of coffee under the brand GALAXY, featuring a stylized galaxy logo and packaging in purple and silver, sold through the same grocery and café channels as Nebula’s products. Nebula sues Galaxy for trademark infringement under the Intellectual Property Code (R.A. 8293), alleging use of a confusingly similar mark in commerce for goods identical or related to Nebula’s. Galaxy answers (a) no likelihood of confusion, and (b) descriptive or nominative fair use. Answer the following: (a) Identify the central doctrine and the elements Nebula must prove to prevail. (b) Distinguish the controlling rule on “likelihood of confusion” from other tests and indicate whether actual confusion must be proven. (c) Apply the rule to the facts and determine whether Galaxy’s use constitutes infringement. If infringement exists, state the remedies Nebula may pursue.