Manufacturer of ‘Doc Martens’ commissioned ad agency to create a logo. Ad agency hired D, a freelance designer, to do this. D subsequently assigned copyright in logo to an Australian company. C claimed that even though Australian company had legal ownership of logo worldwide, C had equitable ownership. D argued that C’s rights to logo only applied in respect of UK, because this was where logo was commissioned for. Held:
· Where D is commissioned by C to create a logo, courts will normally imply term in contract to extent that C has beneficial ownership of logo.
· On facts, is reasonably necessary on grounds of business efficacy to imply such a term.
· An officious bystander would not have expected D to retain rights in logo which he could then use against C anywhere in world apart from UK.