Quantum Advisory Ltd v Quantum Actuarial LLP [2024] EWCA Civ 247 (14 March 2024)

Quantum Advisory Ltd v Quantum Actuarial LLP [2024] EWCA Civ 247 (14 March 2024)

LLP is a fiduciary to Quad in respect of Quad's business; LLP's licence to use the Mark is coterminous with the Services Agreement; goodwill accrues to Quad; Quad is entitled to rectification of the register for certain trade marks under section 10B; LLP not entitled to use the Mark after termination of the Services...

Source-derived case information.

Citation
[2024] EWCA Civ 247
Parties
Claimant/appellant in CA 2023 000480/respondent in CA 2023 000484: Quantum Advisory Limited; Defendant/respondent in CA 2023 000480/appellant in CA 2023 000484: Quantum Actuarial LLP
Jurisdiction
England and Wales
Judgment Date
14 March 2024
Procedural Posture
Appeal From High Court (business and Property Courts, Intellectual Property List) / Court of Appeal Judgment
Outcome
Appeals dismissed in part and allowed in part; Judge's findings largely upheld.
Legal Topics
Trade Marks, Passing Off, Fiduciary Duties, Licensing, Goodwill, Rectification of Register
Intellectual Property Commercial Law Equity Trade Marks Passing Off Fiduciary Duties Licensing Goodwill +1 more

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Parties

Quantum Advisory Limited

Claimant/appellant in CA 2023 000480/respondent in CA 2023 000484

Quantum Actuarial LLP

Defendant/respondent in CA 2023 000480/appellant in CA 2023 000484

Procedural Posture

Appeal From High Court (business and Property Courts, Intellectual Property List) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether LLP owes fiduciary duties to Quad
  2. 2 Basis and duration of LLP's licence to use the Mark
  3. 3 Entitlement to goodwill in the name QUANTUM ADVISORY

Ratio Decidendi

LLP is a fiduciary to Quad in respect of Quad's business; LLP's licence to use the Mark is coterminous with the Services Agreement; goodwill accrues to Quad; Quad is entitled to rectification of the register for certain trade marks under section 10B; LLP not entitled to use the Mark after termination of the Services Agreement.

Court Disposition

Appeals dismissed in part and allowed in part; Judge's findings largely upheld.

Orders

  • LLP's licence to use the Mark ends with the Services Agreement.
  • Quad entitled to rectification of register for Device Trade Mark, Device Series Trade Mark, and Word Trade Mark.