R Griggs Group Ltd & Ors v Evans & Ors [2005] EWCA Civ 11
Judgement for the case R Griggs Group Ltd & Ors v Evans & Ors
Table Of Contents
Manufacturer of ‘Doc Martens’ commissioned ad agency to create a logo. Ad agency hired Defendant, a freelance designer, to do this. Defendant subsequently assigned copyright in logo to an Australian company.
Claimant claimed that even though Australian company had legal ownership of logo worldwide, Claimant had equitable ownership.
Defendant argued that Claimant’s rights to logo only applied in respect of UK, because this was where logo was commissioned for.
Held
Where Defendant is commissioned by Claimant to create a logo, courts will normally imply term in contract to extent that Claimant 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 Defendant to retain rights in logo which he could then use against Claimant anywhere in world apart from UK.
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