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Who owns the copyright in graphic work such as logos prepared by design agencies on behalf of their clients is not as straightforward as it might seem when the parties have not made their position clear at the outset of the relationship.
Two companies faced prolonged and difficult litigation involving hearings at the European trade mark office and the Chancery Division of the High Court as they tried to untangle what was actually agreed over the ownership of the copyright in a now famous logo for the Innocent smoothie brand.
The absence of a formal agreement created a complicated and expensive debate of fact, as to what were the terms of the relationship and law, concerning the legitimacy of an apparent assignment of copyright. In the dispute between Fresh and its one time agency the Innocent logo was found to belong to that company but the decision could have gone the other way because the judge’s findings of fact could have led to a different result.
The decision highlights the importance of investing resources in making contracts clear in order to keep the litigation lawyers at bay.
A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.
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The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Specialist IP Counsel
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