Case No. IP-2015-000152

19.The following chronology is of assistance: i)The Second Claimant created the Listings and started selling flagpoles on Amazon on 7 March 2011. ii)The Defendant incorporated on 24 April 2012.iii)The Defendant purchased a flagpole from Claimants, via one of the Listings, on 6 March 2012. iv)The Defendant sourced 1176 units of the Product from a Chinese manufacturer and began selling them in the UK from its Feelgooduk.com website in July 2012.v)The Second Claimant sold 1504 units of its flagpoles from the Listings in 2012.vi)The First Claimant filed the Trade Mark application on 18 February 2013 and it was registered from 30 August 2013.vii)The Defendant began using the Listings or any of them to sell Product on a date unknown, which it says was before 18 February 2013.viii)The Claimants became aware of such sales by the Defendant on 12 September 2013 and wrote a cease and desist letter to the Defendant on the same date. The Defendant ceased selling the Product on the Listings around 5 weeks later. ix)The Second Claimant sold 1258 units of its flagpoles from the Listings in 2013, 16.5% fewer than in 2012.x)The Claimants became aware that the Defendant had started selling Product from the Listings again and instructed solicitors to write to the Defendant on 2 December 2014 asking it, again, to cease and desist. No reply was received. xi)The Second Claimant sold 1329 units of its flagpoles from the Listings in 2014, 11.5% fewer than in 2012 but 5.64% more than in 2013.xii)The Claimants’ solicitors wrote a chasing letter seeking a response to their letter of 2 December 2014, on 29 January 2015. The Defendant did not respond.xiii)The Claimants ordered a trap purchase of the Defendant’s Product from one of the Listings on 24 March 2015. They received a flagpole which was not the Claimants’ flagpole, but a different product, of a different design and branded ‘Feel Good UK’ on the packaging and instruction leaflet.xiv)The Claimants issued these proceedings on 16 September 2015.xv)The Second Claimant sold 412 units of flagpoles from the Listings in 2015, 72% fewer than in 2012 and 68% fewer than in 2014.xvi)The Defendants ceased selling the Product from the Listings in or around April 2016. The Second Claimant sold 438 units of flagpoles from the Listings in the first five months of 2016, 167 units in May 2016 alone.