Intellectual Property
Rights Graphic
Design Case Study

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.