Atelier Eighty Two Ltd v Kilnworx Climbing Centre CIC & Ors

Atelier Eighty Two Ltd v Kilnworx Climbing Centre CIC & Ors

At the time the logos were created, Kilnworx, through Mr Bunting, entered into a contract with Purple Penguin for the creation of the logos, with an implied term that Kilnworx would own the copyrights. Purple Penguin held the legal interest on trust for Kilnworx. The subsequent assignment to Atelier did not defeat Kilnworx’s equitable interest, and Atelier was not a purchaser for value without notice. Therefore, Kilnworx is entitled to an assignment of the legal interest, and the defendants are not liable for infringement.

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 / Judgment After Trial
Outcome
Claim dismissed as against the defendants; Kilnworx entitled to assignment of legal interest in copyrights.
Legal Topics
Copyright Ownership, Implied Terms, Assignment of Copyright, Exclusive Licence, Commissioned Works, Equitable Interest
Intellectual Property Copyright Law Copyright Ownership Implied Terms Assignment of Copyright Exclusive Licence Commissioned Works Equitable Interest

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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 / Judgment After Trial

Legal Issues

  1. 1 Whether Kilnworx Climbing Centre CIC owns the copyright in the logos created by Purple Penguin Design Limited
  2. 2 Whether Kilnworx is the beneficiary of an exclusive licence under the copyrights
  3. 3 Whether the defendants are liable for copyright infringement

Ratio Decidendi

At the time the logos were created, Kilnworx, through Mr Bunting, entered into a contract with Purple Penguin for the creation of the logos, with an implied term that Kilnworx would own the copyrights. Purple Penguin held the legal interest on trust for Kilnworx. The subsequent assignment to Atelier did not defeat Kilnworx’s equitable interest, and Atelier was not a purchaser for value without notice. Therefore, Kilnworx is entitled to an assignment of the legal interest, and the defendants are not liable for infringement.

Court Disposition

Claim dismissed as against the defendants; Kilnworx entitled to assignment of legal interest in copyrights.

Orders

  • Kilnworx is entitled to an assignment from Atelier of the legal interest in the copyrights in the logos.
  • Neither of the defendants is liable for infringement of any of the copyrights through use of any of the logos.