HP-2020-000016 - [2025] EWHC 1451 (Ch)

In order to be a person aggrieved by a threat, the claimant must show that its commercial interests have been, or were likely to be, adversely affected by the threats in a real, as opposed to a fanciful or minimal, way: Warner-Lambert, §694. The aggrieved person does not, however, have to have been the recipient of the threats, or even the person against whom the threats are made: The Noco Company, §21.

That condition is clearly met in the present case. The threats of proceedings were made precisely in order to interfere with Cabo’s commercial relationships with the toy retailers; and were likely to do so in fact. Indeed, I have found that The Entertainer cancelled its order for the globe as a result of MGA’s conduct; Smyths would have placed an order for Worldeez but for MGA’s conduct; and TRU was also interested in stocking Worldeez, but for MGA’s objections.