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In the Case of Mattel V

Question 38

Multiple Choice

In the case of Mattel v.3894207 Canada Inc.2006 SCC 22,the court's decision was based on the facts and evidence,which included the absence of any instances of actual confusion.With regard to the determination of confusion resulting from the difference between goods and services associated with trademarks,which of the following would a trademark lawyer most likely identify as denoting the clarity given by the court?


A) It is the determining factor considered by courts.
B) The determining factor resides solely in 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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