The Federal Court of Appeal has confirmed (in the case of Baylor University v. The Governor and Company of Adventurers Trading into Hudson's Bay and The Registrar of Trade Marks) the principle that the issue of confusion between two trademarks must be determined by reference to persons who are likely to purchase the goods concerned. In effect, the Court was of the view that the question to be asked, when assessing the likelihood of confusion between two competing marks, is a concrete one, namely, whether the particular market in which the goods or services were offered, i.e. the "ultimate" or "relevant" consumer, was taken into account, rather than the "average" consumer in the abstract. In this case, the Court held that there was no likelihood of confusion between the marks, since the "ultimate" or "relevant" consumer, who customarily bought the type of clothing in question, was not likely to be confused.