Digital Isle Limited v Marcos Enterprise Limited & Anor

Digital Isle Limited v Marcos Enterprise Limited & Anor

The natural and ordinary meaning of the complaint is that the claimant was selling counterfeit Velcro products on Amazon in place of genuine products, infringed Velcro’s trademark, and used Velcro’s branding to falsely appear as the manufacturer. This meaning is defamatory at common law and comprises statements of fact, except for the assertion of illegality and infringement, which are opinion with indicated basis.

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
Civil / Trial of Preliminary Issues (meaning of Complaint)
Outcome
Determination of preliminary issues: meaning found as stated; defamatory at common law; fact and opinion distinguished.
Legal Topics
Defamation of Corporate Claimant, Trademark Infringement, Online Platform Publication, Fact Vs Opinion, Chase Levels of Meaning
Defamation Malicious Falsehood Intellectual Property Defamation of Corporate Claimant Trademark Infringement Online Platform Publication Fact Vs Opinion Chase Levels of Meaning

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Parties

Digital Isle Limited

Claimant

Marcos Enterprise Limited

First Defendant

Andreas Marcou

Second Defendant

Procedural Posture

Civil / Trial of Preliminary Issues (meaning of Complaint)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the complaint made by the second defendant to Amazon on 3 June 2023?
  2. 2 Is the meaning defamatory at common law?
  3. 3 Is the statement a fact or opinion?

Ratio Decidendi

The natural and ordinary meaning of the complaint is that the claimant was selling counterfeit Velcro products on Amazon in place of genuine products, infringed Velcro’s trademark, and used Velcro’s branding to falsely appear as the manufacturer. This meaning is defamatory at common law and comprises statements of fact, except for the assertion of illegality and infringement, which are opinion with indicated basis.

Court Disposition

Determination of preliminary issues: meaning found as stated; defamatory at common law; fact and opinion distinguished.

Orders

  • Natural and ordinary meaning of the complaint determined as set out in paragraph 44.
  • Complaint found defamatory at common law.