Case No. IP-2015-000152

112.To summarise:i)I am satisfied that the use by the Defendant of the Listings to sell the Product after 18 February 2013 infringed the Trade Mark pursuant to section 10(2) TMA;ii)I cannot be satisfied that the Trade Mark has a reputation amongst a significant part of the relevant public and so the claim for infringement under section 10(3) TMA fails;iii)I am satisfied that the use by the Defendant of the Listings to sell the Product before 18 February 2013 was passing off;iv)The Claimants are entitled to an injunction restraining the Defendant from further infringement and passing off;v)The Defendant shall pay the Claimants the sum of £25,359.75 in damages for such infringement and passing off.113.I will hear submissions on interest, costs, and consequential orders at the handing down of this judgment.