With no explanation, chose the best option from "A", "B", "C" or "D". regarding a single factor are insufficient” to deny “summary judgment unless they tilt the entire balance in favor of such a finding.” Id. (quoting Duluth News-Tribune, 84 F.3d at 1096). Accordingly, the Court applies each factor in turn. (a) Strength “Two relevant measurements of a mark’s strength are its conceptual strength and its commercial strength.” Lovely Skin, 745 F.3d at 888 (citation omitted). “Whether a mark is federally registered does not bear on a mark’s strength or affect the likelihood of confusion analysis.” Id. at 887 (citations omitted). A plaintiff may establish a mark’s strength by “direct evidence,” such as with “consumer surveys or consumer testimony,” and advertising expenses and sales figures must be sufficiently tied to the trademark in question. Id. at 888 (<HOLDING>). Further, “evidence of third party usage of

A: holding that trial court did not err
B: holding district court did not abuse its discretion in not granting plaintiffs leave to amend complaint for a third time
C: holding a district court did not err in its consideration of detailed evidence submitted of the plaintiffs advertising expenditures and revenues over time
D: holding that the district court did not err in dismissing the named plaintiffs claims on summary judgment before reaching the issue of class certification
C.