noticed that the two names: Subway and Budway, were similar in pronunciation. The fact that ‘Budway’ is not a meaningful word itself would compel the customers to read this to connote the recognized word ‘Subway’. Further, both the parties were offering edibles, including cookies, which would increase the likelihood of confusion. For goodwill damage, the court held that the similarities in both the marks would result in the assumption of linkage, and the nature of Budway’s offerings will depreciate the goodwill of Subway’s mark. Lastly, the contention of passing off was also discussed by the court. It stated that Subway has proven all the requisites of a passing off claim, namely: the existence of goodwill, misrepresentation creating confusion, actual/potential damage and ownership of a valid registered/unregistered trademark.