Jonathan Ball, McDermot Will and Emery(A Firm) v The Eden Project Ltd, The Eden Trust: PatC 11 Apr 2001

One of two project developers registered a Trade Mark constituting the name of the proposed development in his own name. The assets were, as always intended, later transferred into the limited company, and the two developers were directors. It was held that company name could not be divorced entirely from its trading name, and the director’s fiduciary duty to the company required him to transfer the trade mark registration to the company. Registering it in his own name had been an act for his personal interests conflicting with the interests of the company hew was bound to protect.

Citations:

Times 06-Jun-2001

Statutes:

Trade Marks Act 1994

Intellectual Property, Company

Updated: 08 May 2022; Ref: scu.135493