A trademark must be registered to support a trademark infringement action.
Elin contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines
Winery for $1,200. The contract states that delivery is to be made at Elins residence “on
or before May 1, to be used for daughter’s wedding reception on May 2.” On May 1,
Grapes & Viness delivery van is involved in an accident, and no wine is delivered that
day. On the morning of May 2, Elin buys the wine from Happy Hill Winery. That
afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at
Elins residence. Elin refuses tender. Grapes & Vines sues Elin for breach of contract.
How is the court most likely to rule?