‘Fresh’ guidance on the importance of signed copyright assignments – High Court steps in to smooth out copyright dispute

February 27, 2015

The High Court of Justice of England and Wales recently delivered its judgment in a case relating to the ownership of the copyright of the ‘halo’ logo (the “Dude Logo”) used on the well-known brand of ‘Innocent’ smoothies (Fresh Trading Limited v Deepend Fresh Recovery Limited and Andrew Thomas Robert Chappell).

The decision serves as a warning of the risks of failing to properly document the transfer of IP rights and highlights the real significance, from both a commercial and a legal perspective, of (i) drafting clear provisions regarding the ownership and assignment of copyright where one party commissions another to design material for it and (ii) entering into a signed written agreement which addresses such ownership and assignment issues.