Witnesses
6.A number of witnesses provided witness statements and were cross examined at the trial.7.The first witness was Mr Anthony Tempest who gave evidence on behalf of Nuby. Mr Tempest has been a Product Development Manager at Nuby since 2015. He had no involvement in Nuby’s dealings with Amazon, the well-known retailer whose query regarding baby bath tubs at a trade fair in Cologne in September 2017 led ultimately to Nuby embarking on what turned out to be its infringing activities. However, he was involved in Nuby’s attempts to source a product (ultimately the Nuby Baby Bath) that was supplied by Nuby to (inter alia) Amazon.8.The second witness, also for Nuby, was Mrs Susan Bowman. Mrs Bowman is now Nuby’s Head of Finance and was previously a consultant contracted to produce Nuby’s management accounts and to oversee its financial systems. She gave evidence about those systems, about Nuby’s direct costs and increased overheads relating to the Nuby Baby Bath, about its general overheads and how she apportioned them between its infringing and non-infringing activities. She also dealt with Nuby’s sales of a different bath after it stopped selling the Nuby Baby Bath in mid-2021.9.Nuby’s third witness was Mr Mark Dolan. He joined Nuby in May 2016 as its
