R. Griggs Group Ltd & Ors v Evans & Ors [2003] EWHC 2914 (Ch) (02 December 2003)

R. Griggs Group Ltd & Ors v Evans & Ors [2003] EWHC 2914 (Ch) (02 December 2003)

Where a client commissions and pays for the creation of a logo for its business, and the logo is intended for use as a core brand identifier, the equitable ownership of the copyright vests in the client, even if the legal title initially vests in the freelance designer. The client is entitled to demand assignment of the legal title, and any subsequent assignment by the designer to a third party with notice of the client's equitable interest is ineffective.

Citation
[2003] EWHC 2914 (Ch)
Parties
Claimant: R. Griggs Group Limited; Claimant: R. Griggs & Co Limited; Claimant: Airware Limited; Defendant: Ross Evans; Defendant: Raben Footwear Pty Limited; Defendant: Ronny Leopold Lewy; Defendant: Garry Lewy
Jurisdiction
England and Wales
Judgment Date
02 December 2003
Procedural Posture
Chancery Division Copyright Dispute / Judgment After Trial
Outcome
Judgment for the Claimants
Legal Topics
Copyright Ownership, Implied Terms, Assignment of Copyright, Logos and Branding, Equitable Ownership, Trade Mark Law
Intellectual Property Law Copyright Ownership Implied Terms Assignment of Copyright Logos and Branding Equitable Ownership Trade Mark Law

Case Brief

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Parties

R. Griggs Group Limited

Claimant

R. Griggs & Co Limited

Claimant

Airware Limited

Claimant

Ross Evans

Defendant

Raben Footwear Pty Limited

Defendant

Ronny Leopold Lewy

Defendant

Garry Lewy

Defendant

Procedural Posture

Chancery Division Copyright Dispute / Judgment After Trial

Legal Issues

  1. 1 Who is the beneficial owner of the copyright in the combined Dr Martens/AirWair logo?
  2. 2 Does the commissioning of a logo by a client from a freelance designer, via an agency, imply assignment of copyright or only a licence?
  3. 3 Was there an accord and satisfaction between Mr Evans and Griggs regarding assignment of copyright?

Ratio Decidendi

Where a client commissions and pays for the creation of a logo for its business, and the logo is intended for use as a core brand identifier, the equitable ownership of the copyright vests in the client, even if the legal title initially vests in the freelance designer. The client is entitled to demand assignment of the legal title, and any subsequent assignment by the designer to a third party with notice of the client's equitable interest is ineffective.

Court Disposition

Judgment for the Claimants

Orders

  • Declaration that the Claimants are the beneficial owners of the copyright in the combined logo
  • Order that the copyright be formally assigned to the Claimants