“between29 May 2023 and3 June 2023 , the second defendant published or caused to be published that the claimant was selling Velcro products that were inauthentic; and Velcro Brand Black Sew-on Tape Hook and Loop 50mm 1 Metre Hook and 1 Metre Loop (“the Tape”) which was inauthentic and infringed Velcro’s trademark in the Tape (“the Complaints”)”
“[4] (a) the natural and ordinary meaning of: (i) the second defendant’s complaint on or around3 June 2023 to Amazon that the VELCRO goods sold by the claimant were “inauthentic”; and (ii) the second defendant’s complaint on or around16 July 2023 to Amazon that the VELCRO goods sold by the Claimant “infringed (the Second Defendant’s) trademark” and were “counterfeit”. (b) whether the meaning(s) determined under (a) above are defamatory of the claimant at common law; (c) whether the statement complained of was, or contained, a statement of fact and/or expression of opinion; (d) insofar as the statement complained of was an expression of opinion, whether it indicated, whether in general or specific terms, the basis of the opinion.”
“(a) The claimant was selling inauthentic VELCRO tape; (b) There are grounds for investigating whether the claimant was infringing VELCRO’s trademark by placing VELCRO’s branding next to the Claimant’s own branding to convey the impression that the claimant was the manufacturer of the tape.” (b) There are grounds for investigating whether the claimant was infringing VELCRO’s trademark by placing VELCRO’s branding next to the Claimant’s own branding to convey the impression that the claimant was the manufacturer of the tape.”
“[15.] … The first requirement is that the words should be recognisable as opinion. Opinion has been defined as “something which is or can reasonably be inferred to be a deduction, inference, conclusion, criticism, remark, observation etc”