R Griggs Group Ltd & Ors v Evans & Ors (No 2) [2004] EWHC 1088 (Ch) (12 May 2004)

R Griggs Group Ltd & Ors v Evans & Ors (No 2) [2004] EWHC 1088 (Ch) (12 May 2004)

Where a defendant acquires foreign intellectual property with notice of a prior equitable interest, English courts may exercise equitable jurisdiction in personam to order assignment, provided no evidence shows such an order would breach foreign law or comity; the doctrine of purchaser with notice is not parochial and applies to foreign copyrights absent registration schemes.

Citation
[2004] EWHC 1088 (Ch)
Parties
Claimant: R. Griggs Group Limited; Claimant: R. Griggs & Co. Limited; Claimant: Airwair Limited; Defendant: Ross Evans; Defendant: Raben Footwear Pty Limited; Defendant: Ronny Leopold Lewy; Defendant: Garry Lewy
Jurisdiction
England and Wales
Judgment Date
12 May 2004
Procedural Posture
Chancery Division Intellectual Property / Post Trial Judgment and Form of Order
Outcome
Claimants succeed; court has jurisdiction to order assignment of foreign copyrights.
Legal Topics
Copyright Assignment, Equitable Jurisdiction, Purchaser With Notice, International Comity
Equity Intellectual Property Private International Law Copyright Assignment Equitable Jurisdiction Purchaser With Notice International Comity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

R. Griggs Group Limited

Claimant

R. Griggs & Co. Limited

Claimant

Airwair Limited

Claimant

Ross Evans

Defendant

Raben Footwear Pty Limited

Defendant

Ronny Leopold Lewy

Defendant

Garry Lewy

Defendant

Procedural Posture

Chancery Division Intellectual Property / Post Trial Judgment and Form of Order

Legal Issues

  1. 1 Whether English courts have jurisdiction to order assignment of foreign copyrights where defendant acquired with notice of prior equitable interest
  2. 2 Scope of equitable jurisdiction in relation to property situate abroad

Ratio Decidendi

Where a defendant acquires foreign intellectual property with notice of a prior equitable interest, English courts may exercise equitable jurisdiction in personam to order assignment, provided no evidence shows such an order would breach foreign law or comity; the doctrine of purchaser with notice is not parochial and applies to foreign copyrights absent registration schemes.

Court Disposition

Claimants succeed; court has jurisdiction to order assignment of foreign copyrights.

Orders

  • Raben Footwear Pty Limited ordered to assign all copyrights in the Logo, including foreign copyrights, to Griggs.
  • Assignment to be executed and delivered to Griggs' solicitors.