Yours Naturally Naturally Yours Limited v Kate McIver Skin Limited & Anor

Yours Naturally Naturally Yours Limited v Kate McIver Skin Limited & Anor

The Defendants misrepresented that their reformulated serum products were the same as the original Elixir serum created by the Claimant, causing a risk of damage to the Claimant's goodwill by associating inferior products with the Claimant. The continued use of the Claimant's copyright-protected marketing materials after termination of the supply arrangement constituted copyright infringement.

Parties
Claimant/respondent: Yours Naturally Naturally Yours Limited; First Defendant/appellant: Kate McIver Skin Limited; Second Defendant/appellant: Christopher John McIver
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Passing Off, Copyright Infringement
Intellectual Property Tort Passing Off Copyright Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Yours Naturally Naturally Yours Limited

Claimant/respondent

Kate McIver Skin Limited

First Defendant/appellant

Christopher John McIver

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Defendants committed passing off by misrepresenting the origin of a skin serum product
  2. 2 Whether the Defendants infringed copyright in marketing materials authored by the Claimant

Ratio Decidendi

The Defendants misrepresented that their reformulated serum products were the same as the original Elixir serum created by the Claimant, causing a risk of damage to the Claimant's goodwill by associating inferior products with the Claimant. The continued use of the Claimant's copyright-protected marketing materials after termination of the supply arrangement constituted copyright infringement.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Defendants are subject to an undertaking not to infringe the Claimant's copyright in the works in question.