Yours Naturally Naturally Yours Ltd v Kate McVier Skin Ltd & Anor [2023] EWHC 890 (IPEC) (20 April 2023)

Yours Naturally Naturally Yours Ltd v Kate McVier Skin Ltd & Anor [2023] EWHC 890 (IPEC) (20 April 2023)

The defendants committed passing off by falsely representing Ms McIver as the creator of the Elixir serum, damaging the goodwill associated with the Elixir brand. The claim for malicious falsehood failed as no pecuniary loss was proved. The unlawful means tort was not established due to lack of intention to cause loss. Copyright infringement was established only for use of marketing materials after the licence ended on 30 November 2018.

Citation
[2023] EWHC 890 (IPEC)
Parties
Claimant: Yours Naturally Naturally Yours Limited; First Defendant: Kate McIver Skin Limited; Second Defendant: Christopher John McIver (Personal representative for the estate of Kate Eleanor Dyment (deceased))
Jurisdiction
England and Wales
Judgment Date
20 April 2023
Procedural Posture
Intellectual Property Claim / Judgment After Trial
Outcome
Claim for passing off and post-licence copyright infringement succeeds; claims for malicious falsehood and unlawful means tort dismissed.
Legal Topics
Passing Off, Malicious Falsehood, Unlawful Means Tort, Copyright Infringement
Intellectual Property Tort Passing Off Malicious Falsehood Unlawful Means Tort Copyright Infringement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Yours Naturally Naturally Yours Limited

Claimant

Kate McIver Skin Limited

First Defendant

Christopher John McIver (Personal representative for the estate of Kate Eleanor Dyment (deceased))

Second Defendant

Procedural Posture

Intellectual Property Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants committed passing off by misrepresenting the origin of the Elixir serum
  2. 2 Whether the defendants committed malicious falsehood by implying Ms Tang did not create the Elixir serum
  3. 3 Whether the defendants caused loss by unlawful means

Ratio Decidendi

The defendants committed passing off by falsely representing Ms McIver as the creator of the Elixir serum, damaging the goodwill associated with the Elixir brand. The claim for malicious falsehood failed as no pecuniary loss was proved. The unlawful means tort was not established due to lack of intention to cause loss. Copyright infringement was established only for use of marketing materials after the licence ended on 30 November 2018.

Court Disposition

Claim for passing off and post-licence copyright infringement succeeds; claims for malicious falsehood and unlawful means tort dismissed.

Orders

  • Declaration of passing off against the defendants
  • Declaration of copyright infringement for post-licence use, if any