Dear Mr Freakley,
Further to our previous correspondence, we are now providing you with a clear breakdown of the damages being claimed as a result of your direct and indirect actions:
Direct Infringement (Your Actions):
Unlawful use of our registered trademarks “Powder Flush” UK00002577110 and “Powderflush” UK00002610816 in domains, websites, posts, and Facebook groups under your control.
Creation and publication of misleading content and posts damaging our brand and diverting business away from us.
Allocated damages: £12,500 (10 lost jobs at £1,300 each).
Ongoing damages: For refusing to stop your actions, we will be claiming ongoing damages — amount currently unknown.
Indirect Infringement (Allowing Others):
Hosting, encouraging, and allowing third parties to publish defamatory or misleading threads and comments under your platforms since 2014 about “Powder Flush” and “Powderflush,” causing us damages over many years.
Failure to remove infringing and damaging content once notified or once you became aware of these posts/our trademarks.
Allocated damages: £12,500 (10 lost jobs at £1,300 each).
Ongoing damages: Knowingly continuing to allow further damages by third parties to our brand and trademarks — amount currently unknown.
Total Damages Claimed (to date): £25,000
Please note: the above sum reflects the losses already suffered. However, these losses are ongoing, as the infringing and defamatory material remains live. We therefore reserve the right to increase our claim or pursue further damages to reflect continuing harm until you fully comply and remove all infringing content.
Please also note that our company currently holds over 30 registered trademarks, as detailed in the interlocutory injunction we previously served on you. At this time, we are not aware of any other marks having been damaged by your actions. However, if it becomes clear that additional marks have been infringed or harmed through your platforms, we will extend our claim to include those trademarks and pursue additional damages accordingly.
We strongly urge you to seek independent legal counsel immediately. Unless you provide a full written undertaking to cease all infringing activities, remove all damaging content, confirm you will not permit others to continue such conduct, and compensate us for damages suffered to date, we will have no option but to commence formal legal proceedings without further notice.
Yours sincerely,
Mr G. S. Kukard
Director
Powder Flush Ltd.