Which of the following, if true, provides the strongest reason for the manufacturer of Lorex not to challenge the chain’s use of the triangular package design?

Under United States law, a distinctive package design can be legally protected against copying. Lorex shampoo, a leading brand, is packaged in a triangular-shaped bottle with a gold label. A major pharmacy chain has introduced a similar, less expensive shampoo in similarly shaped bottles with plain black-and-white labels carrying the chain’s name. Though the triangular shape is distinctive, the manufacturer of Lorex has not legally challenged its use for the chain’s shampoo.

Which of the following, if true, provides the strongest reason for the manufacturer of Lorex not to challenge the chain’s use of the triangular package design?
A . The manufacturer of Lorex depends for sales on the willingness of the chain to stock Lorex and other of the manufacturer’s products.
B . The black-and-white labeling of the chain’s shampoo indicates to the consumer that irrelevant expense has been spared in order to bring the product to the consumer at lower cost.
C . The cost of manufacturing the chain’s shampoo is substantially lower than the cost of manufacturing Lorex.
D . Lawsuits brought for the purpose of protecting distinctive package designs are generally successful.
E . The manufacturer of Lorex also manufactures other shampoos, and those shampoos are not sold in triangular-shaped bottles.

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Answer: E