Food and Dragons - the Levi Roots Appeal
Last Christmastide I blogged HH Judge Pelling's decision in Bailey and another v Graham and Others [2011] EWHC 3098 (Ch) (25 Nov 2011) in "Is there any IP in Recipes? Reflections on the Reggae Reggae Case" 5 Jan 2012. I shall return to the theme this Christmastide to blog the appeal (or rather application for permission to appeal) in Bailey and Another v Graham (aka "Levi Roots") and Others [2012] EWCA Civ 1469. This application came on before Sir Andrew Moritt, Chancellor and Lord Justices Longmore and Davis on the 16 Nov 2012. The first defendant Keith Valentine Graham is best known to the public as Levi Roots , He appeared on the TV programme "Dragons Den" to promote his jerk sauce where he attracted £50,000 of investment. Upon the insistence of his backers he incorporated the third defendant, Roots Reggae Reggae Sauce Ltd, which in turn licensed G Costa & Co Ltd to make and distribute his sauce in accordance with his recipe, He ha