Eden Project U-turns on challenge to Penrith gardener over name

The Eden Project had formally objected a trademark application to the Gardens of Eden before U-turning Credit: ITV

The Eden Project has withdrawn its legal challenge over a trademark application submitted by the Gardens of Eden in Penrith.

Lawyers had been enlisted by the Eden Project as it asked owner Susan Davies to agree to legally binding conditions on the use of the word.

The term "Eden" had been formally objected by the attraction based in Cornwall.

A spokesperson for the Eden Project said: "As part of a usual monitoring of applications with similarity to our registered trademarks, we have been in correspondence with Susan in relation to her trademark application.

"Having reviewed Susan's application further and listened to her concerns, we are happy to withdraw our opposition to the trademark application to use the name Gardens of Eden.

"We wish her and her business well for the future."

Lawyers for the Eden Project stated in a letter in October that they had discovered Ms Davies' trademark application and was "concerned by it due to its similarity" in relation to the trademark which they hold.

Eden Project lawyers stated that they would withdraw their objection if Ms Davies agreed to sign a legally binding document that would meet a specific list of criteria.

District of Eden owner Susan Davies stated: "It is corporate bullying. They get away with it because they've got the financial might to force their will on other people.

"I don't think that if somebody rings up the Gardens of Eden gardening service to come and do their borders for them that they think somebody is going to come up all the way from that big dome thing in Cornwall to do it."

Ms Davies said she had refused to sign the criteria set before her by the Eden Project lawyers.

These included not using her business name outside of Cumbria, never using the word "Eden" in any other trademark, and never challenging the Eden Project's use of the word.

A lack of finances stopped Ms Davies from challenging the Eden Project's objection to her trademark application, she said: "I don't really want to fight with a big massive company like that."

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