Intellectual Property Rights Graphic Design Case Study
Intellectual property rights came into question in a graphics design dispute. A company who specialised in graphic design created a company logo, company literature and website for Mr S. According to the company they retained all the intellectual property rights as Mr S only purchased the end results and did not purchase the original artwork and design. According to Mr S, there was a conversation about this particular subject, where it was agreed with one of the designers that he had indeed purchased everything to include the intellectual property rights, unfortunately nothing in writing actually made the situation clear either way.
Eighteen months after the original work was undertaken Mr S saw the need for expansion and to bring on line new services, and therefore found a cheaper printer and website designer and requested the original artwork off the company, they refused, stating if he wanted the original artwork and design he needed to pay for it. Mr S refused to and somehow managed to replicate the original artwork and design without securing the permission of the company and made further literature and so forth, this new marketing saw a potential growth in his business. This all finally came to the attention of the company who demanded payment; this went on for months, which Mr S ignored, until finally he received court documents.
Mediation was very difficult to arrange as both parties felt they had a very strong case, the facts were the facts and the other side was clearly wrong. Finally mediation was arranged, the conversation suggesting that Mr S had paid for everything was with one of the designers who was new in post and had subsequently left, it transpired that Mr S had been given incorrect information, to which he felt the company were liable for, not him.
There was very little in evidence for either side confirming the actual true position, and therefore litigation risk for both was great. By speaking to Mr S and his lawyer alone, it transpired he had made a substantial profit over the past year, which he reluctantly confirmed was attributable to the company’s designs.
Two options were presented, Mr S pay the fee for the original artwork and design as well as all the company’s legal fees, or pay for the use of the original artwork and enter into a maintenance / license contract with the company, as well as pay all their legal fees. The latter option would work out to be slightly cheaper.
Both parties wanted a viable commercial solution however it appeared that in this case a pre existing relationship could not be preserved. Mr S negotiated the price of the original artwork and agreed to pay all of the company’s legal fees, by so doing he minimised his losses and what he potentially could end up paying if he went to court and lost.
- The mediation took 1 day compared to the 14 months this intellectual property dispute had already gone on.
- The mediation cost each party only a fraction each, compared to the thousands they had already spent on legal fees, and the thousands they would have had to spend, had they continued with Court action.
Intellectual Property Mediation Video
Our IP Rights Mediators
Click On Their Name To View Their CV
2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 21+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.
Harvinder Singh BhurjiLLB (Hons), QDR(M), MCIArb, MCMI, CTLLSDirector, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 25 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.
Jane WalmsleyBA, LLB, LLM, MCIArb, UKCP, MBACPPsychotherapist, Coach, Commercial &
Workplace Mediator, Barrister (non-practicing)
2004 ADR Group Accredited Mediator. 19 years mediation experience. CIArb Commercial Mediation Assessor. Solicitor & Consultant at Freeths 45+ years. Specialisms, dispute resolution, professional negligence, clinical negligence, product liability, personal injury, defamation & sports law.
Paul BalenLLB (Hons), Solicitor & Consultant at Freeths LLP, Director of Trust Mediation, Commercial Mediator
Dentist, CIArb & ADR Group Accredited Mediator, 18 years mediation experience, has been involved in over 100 civil & commercial mediations.
Dr. Michael ButterworthBDS, DGDP(UK), MFDS (RCS Eng), LLM, MCIArbDentist & Commercial & Family Mediator
2005 ADR Chambers Accredited Mediator. 18 years mediation experience. Chartered Accountant & Insurance Practitioner. Expert witness. Specialisms, insurance, liquidations, professional negligence, construction & boundaries.
David S BlackBSc (Hons) CA FCII FCILA ACIArb MEWICommercial Mediator & Accountant
2017 CEDR Accredited, 6 years mediation experience. Specialisms, commercial, company, contract, property, probate, IP & professional negligence.
Tim BennettPartner & Head of Dispute Resolutionat Bray & Bray Solicitors, 2007 - 2020.
CEDR Accredited Commercial Mediator
2005 CEDR Accredited Mediator, 18 years mediation experience. Proprietor of Beaumonde Law Practice, Solicitor & employment law specialist. Specialisms company, unfair dismissal, discrimination & compromise agreements. English & Punjabi speaker.
Sundeep Singh BhatiaEmployment Solicitor & Commercial Mediator 2011 CIArb Accredited Mediator. 12 Years Mediation Experience. 400+ mediations. CIArb Mediation Assessor. Specialisms, construction, property, commercial, boundaries, probate & professional negligence.
Bruce BourneMRICS, MCIArb, Chartered Surveyor, Commercial Mediator 2009 RICS Accredited Mediator. 14 years mediation experience. Fellow of the Royal Institution of Chartered Surveyors. Expert Witness, Determination. Specialisms construction, dilapidations, property & boundary.
Richard CavadinoChartered Quantity Surveyor & Commercial Mediator 2010 CIArb Accredited Mediator. 13 years mediation experience. Specialisms, construction, engineering, contract, employment, partnership, shareholder & professional negligence disputes.
Martin CollingwoodSolicitor, Commercial Mediator,Arbitrator, Adjudicator, Med – Arb specialist
2004 CEDR & ADR Group Accredited Mediator. 19 years mediation experience. Barrister, conducted 110+ mediations. Specialisms, boundary, landlord & tenant, employment, contractual disputes.
David DalyBarrister & Commercial Mediator 1996 CIArb Accredited mediator. 27 years mediation experience. Qualified as a solicitor in 1962. Specialisms. all forms of building and civil engineering projects in the UK & overseas.
Roderick O'DriscollFCIArb, MBEng, Chartered Arbitrator, Accredited Mediator,Notary Public, Qualified Solicitor of the Supreme Court
1998 Academy of Experts Accredited Mediator. Qualified Dispute Resolver. 25 years mediation experience. CIArb commercial mediation course tutor & assessor. Issued well over 400 awards, decisions in civil & commercial disputes. Specialisms all commercial matters.
Ike EhiribeLLB (Hons) lagos, B.L, FCIArb, FSIArb, QDR, Barrister, Chartered Arbitrator, Adjudicator, Visiting Professor & Commercial Mediator
2003 CEDR Accredited Mediator. 20 years mediation experience. Manchester University lecturer, visiting lecturer & professor at several overseas universities. CIArb commercial mediation course tutor & assessor. Specialisms construction & engineering.
Dr. Peter FennBSc PhD FRICS FCIArb, Academic, Quantity Surveyor,Adjudicator, Arbitrator & Commercial Mediator
1996 CEDR Accredited Mediator. 27 years mediation experience. CIArb commercial mediation course tutor & assessor. Specialisms, construction, contracts, corporate sale, landlord & tenant, employment, personal injury & professional negligence.
Grant GoodladBarrister & Commercial Mediator 2002 CEDR Accredited Mediator. 21 years mediation experience. Consensio workplace mediation course trainer. Specialisms, business, charities, contract, education, workplace, landlord & tenant, media, partnership, public sector, wills & probate.
Carolyn GrahamCommercial & Workplace Mediator ADR Group Accredited Mediator. 17 years mediation experience. 19 years as a civil litigator. Specialisms, personal injury, clinical & professional negligence, partnership, employment, landlord & tenant, commercial contract, boundary & probate disputes.
Phil HeskethSolicitor till 2008, Commercial Mediator 1997 ADR Group Accredited Mediator. 26 years mediation experience. Head of insurance litigation department, specialising in personal injury & insurance litigation. Specialisms, personal injury, professional negligence, partnership, landlord & tenant.
Paul Hughes Solicitor & Commercial Mediator 2003 ADR Chambers Accredited Mediator. 20 years mediation experience. Specialisms, contract, debt recovery, consumer, property, repossessions, & personal injury.
Maz Adam IqbalLLB (Hons), PGDip, MCIArb, CeMap,Barrister, Mortgage Advisor & Commercial Mediator
2007 ADR Group Accredited Mediator.16 years mediation experience. Specialisms, property, insurance, construction, professional negligence, boundaries, landlord & tenant & engineering.
Russell JonesSolicitor & Commercial Mediator 2008 Accredited Mediator. 15 years mediation experience. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.
Joe Al KhayatBarrister & Commercial Mediator 2003 CEDR Accredited Mediator. 2004 ADR Group Accredited Mediator. 20 years mediation experience. Various directorships. Specialisms, building, construction, family business, partnership, commercial contracts, landlord & tenant & professional negligence.
Robin LeaBSc Mech Engineering, Commercial Mediator 1999 CEDR Accredited Mediator. 90% success rate. 24 years mediation experience. Specialisms, contract, employment, boundary, building & construction.
Edward LegardBarrister, Employment Judge & Commercial Mediator 2007 ADR Group Accredited Mediator. 16 years mediation experience. Specialisms, construction, property, commercial landlord & tenant, boundary, shared ownership, occupation & Inheritance Act disputes.
Michael McCourtLLB MSc FCIArb, Deputy DistrictJudge, Commercial & Family Mediator
2001 ADR Group Accredited Mediator. 22 years mediation experience. Specialisms, building, construction, civil engineering, professional negligence, boundary & contracts.
Paul NewmanBarrister, Adjudicator & Commercial Mediator 2002 ADR Group Accredited Mediator. 21 years mediation experience. Qualified as a Solicitor in 1982. Family Mediator (MIAMs) trained also. Specialisms, family, probate, contract, debt recovery, & workplace disputes.
Frances PlaceCommercial & Family Mediator 1997 ADR Group Accredited Mediator. 26 years mediation experience. Solicitor since 1991, for many years having obtained a Ist Class Honours Law Degree from Liverpool University. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.
John RocheLLB (Hons) Solcitor & Commercial Mediator 2007 ADR Group Accredited Mediator. 16 years mediation experience. Family & workplace mediation trained. Specialisms, probate, landlord / tenant, boundary, partnership, building, contract, insurance, professional negligence, family & workplace.
Julian RendallLLM, MCIArb, FMCA, MIAM's PPCSupervisor, Commercial, Workplace & Family Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. Specialisms, business, company, contract, debt recovery, director & partnerships.
Jeffrey C RosenthalBSc (Econ) FCCA FCIArb MAE, Accountant,Arbitrator, Expert Witness & Commercial Mediator
2008 ADR Group Accredited Mediator. 15 years mediation experience. Was a solicitor for 9 years, before being called to the Bar. Specialisms, litigation, trusts of land, property, landlord tenant & unlawful eviction.
Tom RussellBarrister & Commercial Mediator 2008 ADR Chambers Accredited Mediator. 15 years mediation experience. Director at Davisons Solicitors & Head of the Dispute Resolution Team. Specialisms, construction, probate, family, employment, contract & professional negligence.
Umran SadiqSolicitor & Commercial Mediator 2007 CIArb Accredited Mediator. 16 years mediation experience. Senior Counsel, Arbitrator, Conciliator, Med Arb & Expert Determination specialist. Specialisms, building, construction, civil engineering, rail, marine, energy, site remediation, professional negligence, contract & partnerships.
Ken SalmonMCIArb, Consultant Solicitor & Commercial Mediator 2005 CEDR Accredited Mediator. 18 years mediation experience. Family Mediator also. Vice President of the Law Society of England & Wales. English, Punjabi & Urdu speaker. Specialisms, property, boundary, directors, probate & contract.
Lubna ShujaSolicitor, Commercial & Family Mediator 2003 ADR Group Accredited Mediator. 20 years mediation experience. 70+ mediations. Specialisms, workplace, insurance, professional negligence, contract, property & private equity.
Louisa TaylorSolicitor & Commercial Mediator 2002 CEDR Accredited Mediator. 21 years mediation experience. CIArb commercial mediation assessor. Issued over 175 arbitration awards. Co-author of ‘The Arbitration Act 1996 – A Commentary’. Principal Lecturer, University of the West of England. Specialisms, property, commercial & construction.
Jonathan TecksMA, FCIArb, DiplCArb, Barrister,Arbitrator, Academic & Commercial Mediator
2004 CEDR Accredited Mediator. 19 years mediation experience. Specialisms, construction, property, commercial, IT, market/industry analysis & business cases.
Dr Paul WheatlyCommercial Mediator 2003 ADR Chambers Accredited Mediator. 20 years experience. Family & workplace mediation trained. Specialisms, construction, engineering, PFI/Projects, professional negligence, neighbour, litigation, family & workplace.
Peter WebsterSolicitor, Commercial, Workplace & Family Mediator 2019 Accredited Mediator. 4 Years Mediation Experience. Managing Partner Gotelee LLP. Employment Solicitor, specialisms, workplace, employment & commercial litigation.
Andrew WestSolicitor, Commercial & Workplace Mediator Previous
Next
20 Years of Experience, 1000+ Mediations, 90% success rate, mediated every type of commercial & workplace dispute.
Harvinder Singh Bhurji Jane encourages people to take full advantage of the mediation process and the control...
Jane Walmsley Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury...
Paul Balen Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement.
Sundeep Singh Bhatia Grants background involves both commercial and contentious aspects of the law.
Grant Goodlad She works cross sector and has mediated a wide range of disputes especially employment and workplace.
Carolyn Graham Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitor
Phil Hesketh Specialist employment practitioner covering all major aspects of employment law.
Edward Legard Founded and managed Family Mediation Department at Lyons Davidson for 11 years.
Frances Place Louisa is an experienced and highly competent mediator with a background in private equity.
Louisa Taylor Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation..
Peter Webster