In Audi AG V

In Audi AG v. D'Amato, where Audi sued D'Amato for trademark violations for selling Audi logo goods on his website audisport.com, D'Amato claimed that there could not be any consumer confusion because he had a disclaimer on his website. The appeals court held that:

A) a disclaimer does not absolve D'Amato of liability for his unlawful use of marks identical to Audi's trademarks
B) a disclaimer absolves D'Amato of liability for his unlawful use of marks identical to Audi's trademarks
C) the disclaimer would have absolved D'Amato of liability if it had been in more languages
D) the disclaimer would have absolved D'Amato of liability if it had been longer
E) the disclaimer was not legitimate because it was written by D'Amato and not by an attorney

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