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R Griggs Group Ltd & Ors v Evans & Ors

[2005] EWCA Civ 11

Case summary last updated at 29/01/2020 16:40 by the Oxbridge Notes in-house law team.

Judgement for the case R Griggs Group Ltd & Ors v Evans & Ors

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.

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