OUTCOME of Legal action against KATE MCLVER SKIN LTD
Posted on May 20 2023
We’re absolutely thrilled to announce that we won the 4 year LONG legal action against Kate McIver Skin!!! Extremely challenging but we won RIGHTLY AND JUSTLY!
The late Kate McIver used to be a white label client selling our Elixir very well, which she later called it Secret Weapon, so well that she claimed to create it whilst she had chemo in 2016-17 and made it in her back room with her very own hands!!! Please note that we do not allowed our clients to make OUR products in their back room.
We've been selling Elixir since 2015 handmade by our Founder, Georgina. She created this little botox in a bottle for herself and a friend who is a beautician.
Judge Hacon wrote in the Judgement: "But while her story of being driven to create a serum to cure her bad skin was presumably attractive from a MARKETING point of view, IT WAS NOT TRUE."
“The implied published statement as I have found it to be, that Ms Tang did not create the Elixir serum, WAS FALSE.”
“On the evidence available I have no doubt that Ms Mclver KNEW that her statement WAS FALSE. Malice is established.
Marketing this untrue story helped Kate McIver to gain publicity, also interviewed by Gaby Roslin. First article was by Liverpool Echo Newspapers hurts us deeply as it's our Founder's home town, utterly devastating, shocking & humiliating for her to find out about this from friends.
Georgina started her business by creating products for her son when he underwent chemotherapy in 2013 and the business is to fund his 24/7 hours care costs. A TRUE STORY!
Kate McIver engaged another manufacturer to produce 2 copied versions based on Elixir.
On this, Judge Hacon wrote: “the message presented by KMS in respect of both REFORMULATIONS was that it was the same serum as had been sold as the Elixir serum. In my view, Ms McIver and KMS remained very attached to the attractive story of Ms McIver’s having created their serum because of her efforts to recover from the effects of chemo …… They continued to state that this was the serum they were selling. This is supported by Kathryn Orr’s interview for the Ladies Of Liverpool podcast, the prominent use of ORIGINAL on the packaging and the repeated use of the Danielle Lloyd photos to promote the product.”
NO ONE has the exact Elixir formula except our company.
Here's the Court Order restraining anyone of Kate Mclver Skin Limited from:
i. Misrepresenting the First (Secret weapon limited edition) Pelham (Manufacturer) Reformulation and the Second (Secret weapon original) Reformulation and any other similar product: (a) as the Claimant's Elixir product; or (b) as the Tang Formulation
ii. Misrepresenting the Claimant's Elixir product as the creation of Ms Mclver
On copyright infringement, Judge Hacon found that use of our wording after the 30 Nov 2018 would be a breach of copyright. KMS has since deleted the offending posts.
Needless to say that this action has affected Georgina mentally, especially in 2019, where she almost had a nervous breakdown. She has suffered silently & the enormous financial pressures had made it real tough being the main wage earner. She worried sick about losing her business and her home. Thanks to Alessio, she stayed focus on taking back what’s rightfully hers & justice prevailed.
Legal history created, as our case of Reverse Passing Off is the 1st determined by trial.
Link to full judgement:
First photo is the label we created for Kate Mclver when she was a white label client.
You can view our botox in a bottle, Elixir:
We really love you to spread the TRUTH by sharing this post. Thank you very much.
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