Digital Isle Ltd v Marcos Enterprise Ltd & Anor [2026] EWHC 642 (KB) (19 March 2026)

Digital Isle Ltd v Marcos Enterprise Ltd & Anor [2026] EWHC 642 (KB) (19 March 2026)

The natural and ordinary meaning of the complaint is that the claimant, known as TR Sales, was selling counterfeit Velcro products on Amazon in place of genuine products, and infringed Velcro's trademark by using Velcro's branding next to its own to make it appear as the manufacturer. This meaning is defamatory at common law. The words are statements of fact, except for the assertion of trademark infringement, which is opinion with the basis indicated.

Citation
[2026] EWHC 642 (KB)
Parties
Claimant: Digital Isle Limited; First Defendant: Marcos Enterprise Limited; Second Defendant: Andreas Marcou
Jurisdiction
England and Wales
Judgment Date
19 March 2026
Procedural Posture
Defamation and Malicious Falsehood / Trial of Preliminary Issues (meaning, Defamatory Tendency, Fact/opinion)
Outcome
Determination of preliminary issues: the words complained of are defamatory of the claimant at common law; the meaning is as set out in the judgment; statements are fact except for the infringement allegation, which is opinion.
Legal Topics
Defamation—meaning of Words, Defamation—corporate Claimant, Fact Vs Opinion, Trademark Infringement Allegations, Online Platform Complaints
Defamation Media Law Tort Defamation—meaning of Words Defamation—corporate Claimant Fact Vs Opinion Trademark Infringement Allegations Online Platform Complaints

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Parties

Digital Isle Limited

Claimant

Marcos Enterprise Limited

First Defendant

Andreas Marcou

Second Defendant

Procedural Posture

Defamation and Malicious Falsehood / Trial of Preliminary Issues (meaning, Defamatory Tendency, Fact/opinion)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the complaint made by the defendants to Amazon on 3 June 2023?
  2. 2 Is the meaning defamatory of the claimant at common law?
  3. 3 Are the words complained of statements of fact or opinion, or both?

Ratio Decidendi

The natural and ordinary meaning of the complaint is that the claimant, known as TR Sales, was selling counterfeit Velcro products on Amazon in place of genuine products, and infringed Velcro's trademark by using Velcro's branding next to its own to make it appear as the manufacturer. This meaning is defamatory at common law. The words are statements of fact, except for the assertion of trademark infringement, which is opinion with the basis indicated.

Court Disposition

Determination of preliminary issues: the words complained of are defamatory of the claimant at common law; the meaning is as set out in the judgment; statements are fact except for the infringement allegation, which is opinion.