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In the Case of Mattel V

Question 32

Multiple Choice

In the case of Mattel v. 3894207 Canada Inc. 2006 SCC 22, the court's decision was based on facts and evidence that included the absence of any instances of actual confusion resulting from the difference between goods and services associated with trademarks. How important was this factor in the court's decision?


A) It is the determining factor considered by courts.
B) The determining factor resides solely in the distinctiveness of the wares or services.
C) The determining factors reside in the nature of the trade and length of time of use.
D) It is only one of several factors to be considered.

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