Yours Naturally Naturally Yours Ltd v Kate McVier Skin Ltd & Anor [2023] EWCA Civ 1493 (19 December 2023)

Claimant owned goodwill as originator of the serum supplied to defendants; defendants misrepresented origin and composition of their products, causing risk of reputational damage; defendants infringed claimant's copyright by continuing to make marketing materials publicly accessible after implied licence ended.

Citation: [2023] EWCA Civ 1493
Parties: Claimant/respondent: Yours Naturally Naturally Yours Limited; Defendant/appellant: Kate McIver Skin Limited; Defendant/appellant: Christopher John McIver
Jurisdiction: England and Wales
Judgment Date: 19 December 2023
Procedural Posture: Civil Appeal / Appeal From High Court (ipec) to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Passing Off, Copyright Infringement

Intellectual Property Tort Passing Off Copyright Infringement

Case Brief

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Parties

Yours Naturally Naturally Yours Limited

Claimant/respondent

Kate McIver Skin Limited

Defendant/appellant

Christopher John McIver

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (ipec) to Court of Appeal

Legal Issues

1 Whether the claimant owned goodwill as originator of the serum supplied to the defendants
2 Whether defendants misrepresented the origin of their products as being the same as claimant's serum
3 Whether defendants infringed claimant's copyright in marketing materials

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Undertaking by KMS not to infringe claimant's copyright
Defendants to serve witness statement on use of copyright materials since 30 November 2018