Yours Naturally Naturally Yours Ltd vs. Kate McIver Skin Ltd

This case concerned a dispute over the creation and marketing of an anti-aging skin serum called 'Elixir', between Yours Naturally Naturally Yours Limited ('YNNY') and Kate McIver Skin Limited ('KMS').

TLDR:

• YNNY claimed KMS falsely credited Kate McIver with the creation of 'Elixir'.
• The court addressed copyright infringement, passing off, malicious falsehood, and unlawful interference claims.
• YNNY succeeded in its passing off and copyright claims while other claims were dismissed.

The parties involved are YNNY, a skincare firm that claimed creation of 'Elixir' serum, and KMS, represented by the late Kate McIver's estate. The dispute began when KMS marketed a similar serum, claiming it was developed independently by McIver, contradicting YNNY's assertions.

During the proceedings, the court established that YNNY had built a significant amount of goodwill around the Elixir serum by the critical date. It was proven that McIver's claims of having developed the serum were false, leading to a ruling in favor of YNNY on the passing off claim. The misrepresentations by KMS were likely to cause damage to YNNY's business and Elixir's brand distinctiveness.

However, the claims for malicious falsehood and causing loss by unlawful means were dismissed due to insufficient evidence of pecuniary loss and lack of intent to cause loss. As for copyright infringement, YNNY succeeded, but only for infringements occurring after the expiration of a prior license agreement between the parties.

The decision brings attention to the critical role of truthfulness in product branding and the protection of intellectual property within competitive industries.

Legal representatives: Daniel Metcalfe (instructed by Irvine Yates Solicitors) for the Claimant, Michael Smith (instructed by Ap Law) for the Defendants

Judicial Panel: HIS HONOUR JUDGE HACON

Case Citation Reference: [2023] EWHC 890 (IPEC)