Quantum Advisory Limited v Quantum Actuarial LLP

Quantum Advisory Limited v Quantum Actuarial LLP

LLP was a fiduciary and agent of Quad in respect of Quad's business; LLP's licence to use the Mark was coterminous with the Services Agreement; LLP registered trade marks as agent/representative without Quad's consent and failed to justify its actions; Quad is entitled to rectification of the register for three marks under section 10B; equitable relief is unavailable due to harmonisation under the Directive.

Parties
Claimant: Quantum Advisory Limited; Defendant: Quantum Actuarial LLP
Jurisdiction
England and Wales
Judgment Date
18 January 2023
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim partly allowed
Legal Topics
Trade Marks, Passing Off, Fiduciary Duties, Agency, Goodwill, Rectification of Register
Intellectual Property Commercial Law Trade Marks Passing Off Fiduciary Duties Agency Goodwill Rectification of Register

Case Brief

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Parties

Quantum Advisory Limited

Claimant

Quantum Actuarial LLP

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Nature of relationship between parties (fiduciary/agency)
  2. 2 Basis and scope of LLP's permission to use the Mark
  3. 3 Ownership of goodwill associated with the Mark

Ratio Decidendi

LLP was a fiduciary and agent of Quad in respect of Quad's business; LLP's licence to use the Mark was coterminous with the Services Agreement; LLP registered trade marks as agent/representative without Quad's consent and failed to justify its actions; Quad is entitled to rectification of the register for three marks under section 10B; equitable relief is unavailable due to harmonisation under the Directive.

Court Disposition

Claim partly allowed

Orders

  • Rectification of register to substitute Quad as proprietor of Device Trade Mark, Device Series Trade Mark, and Word Trade Mark
  • No relief in respect of Q Device Trade Mark