What is the standard of review for the purpose of determining whether a company has infringed a registered trademark?
Canada (Federal), Canada
The following excerpt is from Alticor Inc. v. Nutravite Pharmaceuticals Inc., 2005 FCA 269 (CanLII):
Both parties agree that the standard of review, as articulated in Housen v. Nikolaisen (2002), 2002 SCC 33 (CanLII), 211 D.L.R. (4th) 577 (S.C.C.) is applicable to the present case. That is, for questions of law, the standard is correctness. For questions of mixed fact and law it is palpable and overriding error, unless a distinct error of law can be extricated from the question, in which case correctness would again be the standard on that specific question. Issue 1 Material Date for Considering Infringement of a Registered Trademark
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