Under United States law, a distinctive package design can be legally

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.

The passage provides only facts and not a conclusion.

Then, the question asks us to find a reason for the manufacturer of Lorex NOT to challenge the chain's use of the triangular package design.

So, we can treat this question as a Strengthen the Argument question in which we must find a choice that supports the implied conclusion that the manufacturer should not challenge the chain's use of the design.

A. The manufacturer of Lorex depends on sales on the willingness of the chain to stock Lorex and other of the manufacturer's products.

This choice may seem a bit off topic since it's not about packaging.

Notice, however, that this choice does provide a reason for the manufacturer not to challenge the chain's use of the package design. After all, if the manufacturer of Lorex depends on the willingness of the chain to stock the manufacturer's products, then it may not be in the best interests of the manufacturer of Lorex to challenge the chain's use of the design. After all, the chain might retaliate by refusing to stock the manufacturer's products.

So, even though this choice does not discuss packaging, it does do what the correct answer must do, which is provide support for the conclusion that the manufacturer should not challenge the chain's use of the design.

Keep.

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 a lower cost.

If anything, this choice provides a reason for the manufacturer TO challenge the chain's use of the design.

After all, this choice indicates that the chain is using the design and at the same time using a label that causes Lorex to be compared unfavorably in terms of cost with the chain's product.

So, this choice does the opposite of what we need.

Eliminate.

C. The cost of manufacturing the chain's shampoo is substantially lower than the cost of manufacturing Lorex.

This choice may explain why the chain's shampoo is less expensive than Lorex: it costs less to produce.

At the same time, we don't need an explanation. We need a reason for the manufacturer not to challenge the chain's use of the design, and the fact that the cost of manufacturing the chain's shampoo is substantially lower than the cost of manufacturing Lorex is not a reason not to challenge the chain's use of the design.

Eliminate.

D. Lawsuits brought for the purpose of protecting distinctive package designs are generally successful.

This choice indicates that, if the manufacturer challenges the chain's use of the design, the manufacturer's challenge will likely be successful.

If anything that information is a reason TO challenge the design. After all, it makes more sense to do something that will likely be successful than to do something that is not likely to be successful.

So, this choice does the opposite of what we need.

Eliminate.

E. The manufacturer of Lorex also manufactures other shampoos, and those shampoos are not sold in triangular-shaped bottles.

This choice has no clear effect on the case for the manufacturer's not challenging the chain's use of the design. After all, regardless of the fact that the manufacturer manufactures other shampoos, it still may or may not make sense for the manufacturer to challenge the chain's use of the design of the the Lorex bottle.

People sometimes choose this choice because it's the last one in the question or because they make up an extended, "suppose this ... suppose that" story about this choice. So, to avoid choosing a choice like this one, we have to be careful not to make up unsupported stories.

Eliminate.

The correct answer is (A).