R. Griggs Group Ltd & Ors v Evans & Ors

R. Griggs Group Ltd & Ors v Evans & Ors

The combined logo was commissioned and paid for by Griggs, and it was obvious and necessary for business efficacy that Griggs should have the right to use and exclude others from using the logo. The equitable title to the copyright belonged to Griggs, not Evans, and Raben was not a purchaser for value without notice. Therefore, Griggs are entitled to demand assignment of the legal title to the copyright.

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
Civil / Judgment
Outcome
Judgment for the Claimants
Legal Topics
Copyright Ownership, Commissioned Works, Equitable Title, Trade Mark Law, Assignment of Copyright
Intellectual Property Copyright Ownership Commissioned Works Equitable Title Trade Mark Law Assignment of Copyright

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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

Civil / Judgment

Legal Issues

  1. 1 Who is the beneficial owner of copyright in the combined Dr Martens/AirWair logo?
  2. 2 Does commissioning a logo confer copyright ownership to the client or the designer?
  3. 3 Was there an accord and satisfaction between Griggs and Evans regarding assignment of copyright?

Ratio Decidendi

The combined logo was commissioned and paid for by Griggs, and it was obvious and necessary for business efficacy that Griggs should have the right to use and exclude others from using the logo. The equitable title to the copyright belonged to Griggs, not Evans, and Raben was not a purchaser for value without notice. Therefore, Griggs are entitled to demand assignment of the legal title to the copyright.

Court Disposition

Judgment for the Claimants

Orders

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