Posts

Showing posts with the label malicious falsehood

Passing off and Malicious Falsehood - Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd

Image
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 ...

Malicious Falsehood - Resistant Building Products Ltd v National House Builders' Council

Image
Royal Courts of Justice in Belfast Author  Kenneth Allen  Licence   CC BY0SA 2.0   Source Wikipedia  RCJ Belfast   Jane Lambert Chancery Division, Northern Ireland (HH Judge McFarland)  Resistant Building Products Ltd v National House Builders' Council [2020] NICh 6 (27 April 2020) This was an application by the plaintiff, Resistant Building Products Ltd. ( "RBP" ) , for an interim injunction to restrain the defendant, National House Builders Council ( "NHBC") until trial   or further order   from using, publishing, communicating or disclosing to any other person any information relating to RBP's magnesium oxide boards ("MgO boards") which suggests or tends to suggest that accreditation has been withdrawn, and any guidance relating to RBP's MgO boards which suggests or tends to suggest that accreditation has been withdrawn. The Dispute RBP manufactures and distributes MgO boards. MgO boards are used for covering...