Atelier Eighty Two Ltd v Kilnworx Climbing Centre CIC & Ors [2015] EWHC 2291 (IPEC) (30 July 2015)

Atelier Eighty Two Ltd v Kilnworx Climbing Centre CIC & Ors [2015] EWHC 2291 (IPEC) (30 July 2015)

There was an implied term in the contract between Kilnworx and Purple Penguin that Kilnworx would own the copyrights in the Logos. Purple Penguin held the legal interest on trust for Kilnworx. When Purple Penguin assigned the legal interest to Atelier, Atelier took it subject to Kilnworx's equitable interest. Therefore, Kilnworx is entitled to an assignment of the legal interest, and neither Kilnworx nor its directors are liable for infringement.

Citation
[2015] EWHC 2291 (IPEC)
Parties
Claimant: Atelier Eighty Two Limited; First Defendant: Kilnworx Climbing Centre CIC; Second Defendant: Gurjinder Sandhu; Third Defendant: Kulpreet Sangha
Jurisdiction
England and Wales
Judgment Date
30 July 2015
Procedural Posture
Copyright Infringement Claim / Judgment After Trial
Outcome
Claim dismissed against all Defendants
Legal Topics
Copyright Ownership, Implied Terms, Assignment of Copyright, Exclusive Licence, Commissioned Works
Intellectual Property Copyright Ownership Implied Terms Assignment of Copyright Exclusive Licence Commissioned Works

Case Brief

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Parties

Atelier Eighty Two Limited

Claimant

Kilnworx Climbing Centre CIC

First Defendant

Gurjinder Sandhu

Second Defendant

Kulpreet Sangha

Third Defendant

Procedural Posture

Copyright Infringement Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Kilnworx owned the equitable interest in the copyright of the Logos
  2. 2 Whether Atelier was entitled to claim infringement against Kilnworx and its directors
  3. 3 Whether there was an implied term assigning copyright to Kilnworx

Ratio Decidendi

There was an implied term in the contract between Kilnworx and Purple Penguin that Kilnworx would own the copyrights in the Logos. Purple Penguin held the legal interest on trust for Kilnworx. When Purple Penguin assigned the legal interest to Atelier, Atelier took it subject to Kilnworx's equitable interest. Therefore, Kilnworx is entitled to an assignment of the legal interest, and neither Kilnworx nor its directors are liable for infringement.

Court Disposition

Claim dismissed against all Defendants

Orders

  • Kilnworx is entitled to an assignment from Atelier of the legal interest in the copyrights in the Logos.
  • Neither Kilnworx nor its directors are liable for infringement of any of the copyrights through use of any of the Logos.