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C is corrent because in a sale by a merchant, the merchant warrants that the goods are free from a rightful claim of infringement of patent or trademark by third parties. (A seller will be protected against liability under a warranty against infringement if the buyer furnishes the specifications used to manufacture the product that infringes upon another party’s patent or trademark rights.)
A is incorrect because a warranty against infringement is granted along with the warranty of title and thus, does not need to be expressly stated in the contract to be enforceable.
B is incorrect because like warranty of title, a warranty against infringement can be disclaimed by specific language or circumstances that indicate that this warranty is not extended.
D is incorrect because only the seller needs to be a merchant for this warranty to apply.