You Own Your Company Logo, Don’t You?

  • A recent High Court decision is making business owners more aware of how they protect their intellectual property rights.
  • In our modern technological world, businesses need to think more about legal ownership of digital assets.

Your design agency is contracted to create an inspiring, professional company logo that conveys everything about the company in just a few square centimeters. After many meetings, emails and inexplicably high doses of caffeine you sign off on the perfect design and it’s now at the top of your website, letterheads and business cards.

So do you own the new company logo?

According to a recent High Court ruling, it’s not as simple as one would think.

In the case in question, which involved ownership of the copyright in a logo used on the INNOCENT branded range of products, the High Court found in favour of the design agency that created the logo. Whilst often overlooked, the case serves as a useful reminder to anyone seeking to transfer intellectual property rights to make sure they obtain a copy of the assignment of those rights from the assignor. Without it, you will only have equitable (rather than legal) title to the rights.

The reality is that having to stop using what you believed to be your own logo creates an immediate cost, both in terms of management time and the obvious financial cost to the business.

If you were asked to prove ownership of your intellectual property right now, could you do so? If not, it’s time to call us and protect your business.

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