Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWHC 47 (Ch) (18 January 2023)

Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWHC 47 (Ch) (18 January 2023)

LLP was in a fiduciary relationship to Quad in respect of Quad’s business, arising from the Services Agreement which entrusted the operation of Quad’s business to LLP. The right to use the Mark by LLP was by revocable permission and did not confer ownership of goodwill or trade mark rights to LLP. The trade marks registered by LLP were held on trust for Quad, and Quad is entitled to be substituted as proprietor of the registered trade marks under section 10B of the Trade Marks Act 1994. LLP is not entitled to use the Mark after the association ends without Quad’s consent.

Citation
[2023] EWHC 47 (Ch)
Parties
Claimant: Quantum Advisory Limited; Defendant: Quantum Actuarial LLP
Jurisdiction
England and Wales
Judgment Date
18 January 2023
Procedural Posture
Intellectual Property Dispute / Trial Judgment
Outcome
Judgment for the Claimant
Legal Topics
Trade Marks, Passing Off, Goodwill, Fiduciary Duties, Agency, Rectification of Register
Intellectual Property Commercial Law Trade Marks Passing Off Goodwill Fiduciary Duties Agency Rectification of Register

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Quantum Advisory Limited

Claimant

Quantum Actuarial LLP

Defendant

Procedural Posture

Intellectual Property Dispute / Trial Judgment

Legal Issues

  1. 1 Whether LLP owed fiduciary duties to Quad as agent or representative
  2. 2 Basis on which LLP was permitted to use the Mark
  3. 3 Whether LLP requires permission from Quad to use the Mark

Ratio Decidendi

LLP was in a fiduciary relationship to Quad in respect of Quad’s business, arising from the Services Agreement which entrusted the operation of Quad’s business to LLP. The right to use the Mark by LLP was by revocable permission and did not confer ownership of goodwill or trade mark rights to LLP. The trade marks registered by LLP were held on trust for Quad, and Quad is entitled to be substituted as proprietor of the registered trade marks under section 10B of the Trade Marks Act 1994. LLP is not entitled to use the Mark after the association ends without Quad’s consent.

Court Disposition

Judgment for the Claimant

Orders

  • Quad is entitled to be substituted as proprietor of the registered trade marks under section 10B of the Trade Marks Act 1994.
  • LLP holds the registered trade marks on trust for Quad.