NIPC Law

  Jane Lambert Court of Appeal (Lady Justice King, Lord Justice Arnold and Lord Justice Stuart-Smith)  Yours Naturally Naturally Yours Ltd v Kate McVier Skin Ltd and another [2023] EWCA Civ 1493 (19 Dec 2023) This was an appeal by the defendants, Kate McIver Skin Limited ("KMS") and Christopher McIver (the personal representative and widower of Kate McIver ("Mrs McIver") the founder of KMS), against the order of His Honour Judge Hacon granting relief to the claimant Yours Naturally Naturally Yours Limited ("YNNY") for passing off and copyright infringement.   His Honour set out his reasons in his judgment in  Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd and another [2023] EWHC 890 (IPEC) (20 April 2023) which I discussed in Passing off and Malicious Falsehood - Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd   on 7 May 2023.  The appeal came on before Lady Justice King and Lord Justices Arnold and Stuart-Smith on 30 Nov 2023....

Skin Author XebonR  Licence CC BY-SA 3.0   Source Wikimedia Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)    Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd and another [2023] EWHC 890 (IPEC) (20 April 2023) This was an action for passing off, unlawful interference with the claimant's business, malicious falsehood and copyright infringement. The claimant, Yours Naturally Naturally Yours Ltd, supplied an anti-age skin serum called "Elixir" which had been formulated by its founder, director and shareholder, Georgina Tang.  It complained that its distributor Kate McIver and the company that she founded Kare McIver Skin Ltd. had claimed to be the creators of the serum.  It also alleged that the defendants continued to use the marketing materials that had been supplied for the purpose of distributing Elixir after the first defendant had ceased to resell that product.   The Facts Ms Tang formulated Elixir in 2015 and ...