Case No. IP-2022-000014
Intellectual Property Enterprise Court

Case No. IP-2022-000014

Fecha: 20-Abr-2023

Copyright

81.82.The alleged infringing text used by Ms McIver was copied from Ms Tang’s marketing materials following requests made by Ms McIver on 7 June 2018 and 12 June 2018 for information about the Elixir serum for Ms McIver to use for her own marketing. The words in issue were freely supplied by Ms Tang in part on 7 June 2018 and in part on 12 June 2018 in response to those requests. In my view there was a bare licence granted by Ms Tang to use that text. However, as conceded in the pleaded Defence, that licence ran only so long as Ms McIver bought her serum from Ms Tang. The licence came to an end on 30 November 2018. Use thereafter, if there has been any, was infringing use.