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Which of the following is NOT an element of the tort of passing-off?
a. The plaintiff's services and goods must enjoy a reputation that is of some value worth protecting.
b. The plaintiff must have suffered damage in consequence of passing-off.
c. The defendant must have misrepresented its goods, service, or business as those of the plaintiff.
d. The plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place.
e. There must either be actual confusion or a likelihood of confusion in the public's mind between the goods and services of the plaintiff and those of the defendant.

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Thanks for answering correctly