Daniel Metcalfe: success in the Court of Appeal
In Yours Naturally Naturally Yours Limited v Kate McIver Skin and Anor [2023] EWCA Civ 1493 the Court of Appeal upheld the lower court finding of passing off (see Yours Naturally Naturally Yours Limited v Kate McIver and Anor [2023] EWHC 890(IPEC)) in novel circumstances concerning a white labelling agreement where false claims were made by a retailer concerning the creation and origin of the product.
Having acted for the Claimant / Respondent at trial and on appeal, Daniel Metcalfe provides some analysis following the decision. Please click here to download the article.
The judgment is available here.
This judgment will be of particular interest to lawyers handling intellectual property and passing off claims.
Daniel was instructed by Kate Irvine of Irvine Yates.
For further information please email Chris Shaw, Senior Clerk – Civil, Commercial & Employment Clerk or call 0161 214 1500.
