Jadebay Ltd v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC)

The Defendant advertised its own brand of flagpole using the Amazon listing of the Claimant (which incorporated its trade mark).  The Court found that this amounted to trade mark infringement and passing off (in light of the ranking of the Claimant’s flagpoles on Amazon).  The Court went on, in the same hearing, to undertake an inquiry as to damages, awarding the Claimant a substantial sum on the basis of evidence of lost sales and undercutting.

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