Fresh Trading Limited -v- (1) Deepend Fresh Recovery Limited (2) Andrew Chappell [2015] EWHC 52 (Ch)
This case concerned the copyright in the “Dude” logo – the cartoon face with a halo which is used by Innocent Smoothies. The ‘Dude’ was designed by a company called Deepend pursuant to an agreement under which it would be given shares in the company responsible for Innocent. No shares were ever given to Deepend and Deepend later went into liquidation. Some years later, Deepend Fresh Recovery Limited, the sucessor-in-title of Deepend’s rights (if any) in the copyright, brought an action at OHIM seeking to revoke Innocent’s trade marks for the Dude on the basis that it was the owner of copyright. OHIM initially found in Deepend Fresh Recovery Ltd’s favour and Innocent appealed. However, the OHIM proceedings were stayed pending Innocent’s High Court action for a declaration that it was the owner of copyright in the Dude (in law or in equity), alternatively that any claim against it for infringement was barred due to acquiescence.
The Judge held at trial that Innocent owned the copyright in equity and were thus entitled to an assignment of legal title from Deepend Fresh Recovery Ltd.
Iain Purvis QC and Anna Edwards-Stuart appeared for Innocent (Fresh Trading Limited). Michael Silverleaf QC and Kathryn Pickard appeared for the Defendants