Breaking news on legal battle against Kate McIver Skin

On 19-12-23, I won the appeal SUBMITTED by KMS, absolutely over the moon with this after almost 5 year of legal battle and the best Christmas present ever! Extremely challenging & stressful but I won again having won at the lower court on 20-4-23.

The late Kate McIver was a white label client selling my Elixir very well, which she later renamed it to Secret Weapon, so well that she claimed to create it whilst she had chemo in 2018 & made it in her back room with her very own hands!!! Lies, lies, lies as I created Elixir and it was me who handmade this antiaging serum on the kitchen table.

Judge Hacon wrote: "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.

Kate McIver gained lots of publicity by marketing this fake story, also interviewed by Gaby Roslin & championed by celebrities such as Lisa Snowdon, Trinny Woodall & Alex Gerrard. It was shocking & humiliating to find out from friends that my local newspaper, Liverpool Echo was first to publish her fake story when she lived in Chester!

I started my business by creating “skin-kind” products for my son - Alessio when he underwent chemo in 2013 and the business is to fund his 24/7 hours care costs. A TRUE STORY!

Kate McIver engaged Pelham to produce 2 copied serums 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.”

Here's the Court Order restraining Kate Mclver Skin Limited's staff 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 my wording after the 30 Nov 2018 would be a breach of copyright. KMS has since deleted the offending posts.

Needless to say that this prolonged legal battle affected me mentally & I am on the verge of financial ruins which made me wanting to end my life at times. I worried sick about losing my business and home. This enomorous finanical presseure made it very hard to see a way out being the main wage earner.

I used up my life savings & pensions, ate expired food from charities, no heating in this cold weather, sold the car, offered water instead of milk to Alessio and have £65,000 bank loans to repay. Massive sarcrifices so to continue the battle to reclaim my invention and also stopping KMS to mislead their customers that their copied serums are same as Elixi aka original Secret Weapon.

I won 4 legal battles against KMS to take back what’s rightfully mine, however offers of negotiation for out of court settlement were made but rejected by them.

I spent £300,000 so far, received £8000 for the full legal costs for the debarring application, so I don’t get any money. On 19-12-23, I was awarded £48,000 for the appeal application but not yet received & I spent over £95,000 on this. After that legal costs and compensation talk for winning in the Lower Court will begin, likely to be back in court again, so more legal costs. Never ending nightmare

Legal history created as my win in Reverse Passing Off is the 1st determined by not 1 but 2 trials in UK.

Link to the lower court judgement:

Link to the High Court of Appeal judgement:

Get your Elixir via this link:

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