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?

Question

Quizplus · Accepted Answer

The absence of actual confusion is an important factor, but not the only one to be considered by the court. Other factors such as the nature of the trade and length of time of use are also important. The court considers a combination of factors to determine whether confusion is likely to occur, and the absence of actual confusion is not determinative on its own.

In the Case of Mattel V