https://www.taxtmi.com/caselaws?id=230270 Registration was proved for KIDO, while KIDCO remained unregistered and therefore could not support an infringement claim as a registered mark. The court noted that an unregistered mark may still be protected through passing off if prior use, goodwill and reputation are shown. Because the defendants used a mark with an identical overall impression for the same confectionery goods, and the consumer base included children, the likelihood of confusion was found to be significant and passing off was established in relation to KIDCO. Damages were declined for lack of proved loss, and rendition of accounts was limited to the period before the injunction. en-us Tue, 02 Apr 2013 00:00:00 +0530 Wed, 24 Apr 2013 13:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=230270 Registration was proved for KIDO, while KIDCO remained unregistered and therefore could not support an infringement claim as a registered mark. The court noted that an unregistered mark may still be protected through passing off if prior use, goodwill and reputation are shown. Because the defendants used a mark with an identical overall impression for the same confectionery goods, and the consumer base included children, the likelihood of confusion was found to be significant and passing off was established in relation to KIDCO. Damages were declined for lack of proved loss, and rendition of accounts was limited to the period before the injunction. Case-Laws Companies Law Tue, 02 Apr 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=230270