Whats$-$a$-$Matter U$.,$ a co$-$ed school of $1000$ total students, has decided to start a football team and will be playing in Division III against other Division III and the occasional Division II schools. Since the colors of the school are blue and gold, they decide to model their uniforms and helmets after those worn by the University of Michigan Wolverines' football team. The University of Michigan has approximately $40,000$ total students and is perennially a Division I football power, often on television and frequently in competition for the college football national championship. Which of the following statements most accurately describes the potential intellectual property liability of Whats$-$a$-$Matter U$?$

A$)$ Whats$-$a$-$Matter U is infringing on Michigan's trademark due to the possibility of deception.

B$)$ Whats$-$a$-$Matter U is infringing on Michigan's trade dress due to the possibility of confusion.

C$)$ Whats$-$a$-$Matter U is infringing on Michigan's patent based on the design and colors of the uniform and helmet.

D$)$ Whats$-$a$-$Matter U is infringing on Michigan's copyright based on the fact that "fair use" does not apply in this scenario.

E$)$ Whats$-$a$-$Matter U is not infringing on any of Michigan's intellectual property rights because the likelihood that anyone would be tricked, deceived or confused and the likelihood that Michigan will suffer a monetary injury or loss of enrollment is so remote as to be non$-$actionable.