Ball v Eden Project Limited & Another

Date

11 April 2001

Legislation

Trade Marks Act 1994, s.24

Keywords

Summary judgment; counterclaim for assignment of registered trademark; breach of fiduciary duty; directors obligations

Counsel

P. Saini for Ball; D. Oliver QC, JDC Turner (for the Eden Project)

Solicitors

P. Saini for Ball; D. Oliver QC, JDC Turner (for the Eden Project)

Judge

Laddie J

Court

High Court (Chancery Division)

Reported

[2001] ETMR 87, [2002] FSR 43

Summary

The Claimant, Mr Ball, co-founded the Eden Project, (a visitor attraction and research centre in Cornwall) sometime in 1994. By 1996 the Project was operated by a charitable trust, which in turn was operated by a company. Mr Ball was appointed a director of the company in December 1996. The company name was changed to Eden Project Limited ('EPL') in June 1997.

In 1997 the relationship between Mr Ball and EPL became strained. In October 1997, without prior knowledge of the trustees or of EPL, Mr Ball applied to register the trademark 'The Eden Project' in his own name.

On 5 June 2000, Mr Ball was removed as a director of EPL, and in October 2000 brought proceedings against the trust and EPL seeking quantum meruit compensation for the work put into developing the project. The Defendant counterclaimed, amongst other things, for an order that Mr Ball should assign the registered trademark to EPL and the Register of Trade Marks be rectified to show that ownership. EPL now sought summary judgment on this part of their counterclaim.

Decision

It was held that in registering the trademark in his own name, Mr Ball was in clear breach of his fiduciary duty to EPL. His actions in taking steps to risk his own company's trading future for his own benefit could not be justified and the order sought would be granted.