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Law Cases
Intellectual Property Law Cases
Copyright 2 Cases

R Griggs Group Ltd & Ors v Evans & Ors [2005] EWCA Civ 11

Country:
United Kingdom
By Oxbridge Law Team
Reviewed By Oxbridge Law Team
Updated 04/01/2024 07:13
Held

  • 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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