Driving Alternative v. Jarvis

This is an action for trade-mark infringement, passing off and depreciation of goodwill. The Plaintiff holds a registered trade-mark KEYS PLEASE, and the Defendant used the trade-mark KEYZ PLEEZZ. The Court held that the marks are identical from an auditory and connotational perspective. The Court also held that the nature of the services provided by the two parties are identical. The Defendant did not file a Statement of Defence.

The Court found that the use of KEYZ PLEEZZ by the Defendant caused confusion and likely led to the inference that the Defendant’s services were those of the Plaintiff. The Court noted that the Plaintiff did not introduce evidence supporting its claim for damages and the Court therefore evaluated the damages at a lower amount than sought by the Plaintiff.