American Airlines brought a lawsuit against a travel agency named "A 1-800-AMERICAN." The travel agency bought listings in telephone yellow pages under the heading "Airlines," and, because its name began with "A 1," was generally listed first in the airlines sections, often right before American Airlines. The actual toll-free phone number for the travel agency was 1-800-263-7422 (1-800-AMERICA). The court ruled in favor of American Airlines, enjoining the travel agency from continuing to use the name A 1-800-AMERICAN and the phone number 1-800-AMERICA.
The most likely basis for the court's ruling was
a. that the travel agency's use was not a fair use.
b. the travel agency was diluting American Airlines' trademark.
c. commercial speech is less protected by the First Amendment.
d. the travel agency's name and phone number created a likelihood of consumer confusion.
