Sales
Director. In October 2017 he became its Sales and Marketing Director and is now its acting Managing Director in place of Ms Burnell. He gave evidence about how Nuby operates. Unlike Mr Tempest (and Mrs Bowman), he had had some involvement in the initial discussions with Amazon.10.On behalf of Bei Yu, Mr Hicks noted that Nuby had not adduced evidence from certain individuals who had been more involved in Nuby’s dealings with Amazon. However, he did not criticise any of the witnesses actually called. In my judgment, he was right not to do so and I find that they were all helpful witnesses doing their best to assist the court. 11.The final witness was Mr Martin Chapman. Mr Chapman is a Chartered Accountant who was called by Bei Yu to comment on the evidence and material provided by Nuby. On behalf of Nuby, Mr St Quintin said that he did not criticise Mr Chapman as a witness but he nevertheless criticised Mr Chapman’s evidence saying that it had been carelessly prepared and was an attempt to maximise Bei Yu’s position without proper analysis. Whilst there are areas where (as set out below) I have accepted Nuby’s evidence notwithstanding Mr Chapman’s comments, I find that he was a good and considered witness and that his evidence was provided fairly and honestly in order to assist the court. Indeed, he was able to correct various errors in Nuby’s figures.Sales 12.The starting point is to ascertain the value of Nuby’s sales of its infringing Nuby Baby Baths. In this regard, Bei Yu does not challenge Nuby’s evidence as to the quantity and value of Nuby Baby Baths sold in the period from 2019 to 2021. As the figures are confidential, I will not refer to them in this judgment.