Fresh Trading Ltd v Deepend Fresh Recovery Ltd & Anor

Fresh is the equitable owner of copyright in the Dude logo and other works because the Contract, though unsigned, was fully agreed and binding, and its terms provided for copyright to vest in Fresh upon approval. No legal assignment occurred due to lack of signature, but equitable assignment was perfected. Deepend Fresh's counterclaim fails as Fresh's equitable title is established.

Parties: Claimant: Fresh Trading Limited; First Defendant: Deepend Fresh Recovery Limited; Second Defendant: Andrew Thomas Robert Chappell
Jurisdiction: England and Wales
Judgment Date: 26 January 2015
Procedural Posture: Intellectual Property / Judgment
Outcome: Declaratory relief granted; Counterclaim dismissed.
Legal Topics: Copyright Ownership, Assignment of Copyright, Equitable Assignment, Estoppel, Acquiescence, Laches, Declaratory Relief

Intellectual Property Contract Law Equity Copyright Ownership Assignment of Copyright Equitable Assignment Estoppel Acquiescence +2 more

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Parties

Fresh Trading Limited

Claimant

Deepend Fresh Recovery Limited

First Defendant

Andrew Thomas Robert Chappell

Second Defendant

Procedural Posture

Intellectual Property / Judgment

Legal Issues

1 Was the Contract signed and effective to vest copyright in Fresh?
2 Did the Contract constitute a binding agreement?
3 When did copyright vest in Fresh under the Contract?

Ratio Decidendi

Court Disposition

Declaratory relief granted; Counterclaim dismissed.

Orders

Declaration that Fresh is the equitable owner of copyright in the Dude logo and other works.
Counterclaim by Deepend Fresh Recovery Limited dismissed.