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