The Gazette 1975

the second-named plaintiff has not traded since its incorporation. T h e manager of the Belfast C & A Store proved that up to 1969 a very substantial and regular custom from the Republic was enjoyed by this store, particularly on the Thursday excursions. A site was purchased in Mary Street, Dublin, in 1972, with a possible view to opening a store there. From photo- graphs submitted, it is evident that C & A (Water- ford) Ltd. carry the same symbol on their premises as C & A Modes Ltd. in Belfast. There was correspondence between the plaintiffs and the defendants in March and April, 1973, indicating that the registration of the defendant companies would inevitably give rise to con- fusion, and asking them to change their name. De- fendant's solicitor replied on 27 April that the com- panies were not similar, as the plaintiffs were unlimited companies and the defendants limited ones. It was held that the defendants used the symbols C & A i n the hope that people would inevitably cause confusion. Th e fundamental ingredients of the action for pass- ing-off are that the plaintiff has a name applicable to his goods or business which is known to the public in the area in which the defendant seeks to carry on his business to an extent that the name, brand or mark proposed to be used or being used by the de- fendant is likely to deceive and cause confusion. It is not necessary to imply the recognition of territorial boundaries. Finlay P. is satisfied that the fact that there is no retail outlet or agency within the Republic owned or operated by the plaintiff, is no bar to their action for passing-off. Finlay P. is also satisfied that there was a probability that the lettering used by the defendants on their van is likely to cause confusion with the business of the plaintiffs, and that there w?s an intention by the defendants to deceive by associating their business in the minds of the people with the bus- iness of the plaintiffs. The plaintiffs are therefore en- titled to the appropriate injunctions to prevent any continuation or repetition of the acts of passing-off, but they are not entitled to any damages. (C & A Modes and C & A Finance Ltd. v C & A (Waterford Ltd., OToole and McClure—Finlay P.—unreported—9 June, 1975).

ploy or use it for the purposec of the Housing Act 1966 either immediately or in the future. There is nothing in the Act which prevents a statutory housing auth- ority like Cobh U.D.C. from using the land which they already hold, notwithstanding a failure on their part to prepare a building programme. Th e needs of housing authorities must necessarity vary from authority to authority, depending on local circumstances. The Minister has an overall supervisory function in the matter. There is not in the Housing Act anything which restricts a housing authority from carrying out the purposes of the Act unless and until they have already drawn up a building programme. Here there is simple evidence upon which the Minister could hold that 'the land sought to be acquired was being acquired for the purposes of the Act. The Min- ister would not be entitled to turn down an application only because there was no building progrrmme in existence. There was no reason to criticise the Inspector for allegedly not following the rules of Natural Justice as he was not aware of the effect of the judgments in Killiney Development Association and in Geraghty v the Minister (No. 2). The appeal is accordingly allowed. Russell and Another v Minister for Local Gov- ernment and Cobh Nrban District Council— Supreme Court (O'Higgins, C. J., Walsh and Griffin JJ. per Walsh J.—unreported—31 July, 1975). Injunction granted on ground of deception in passing-off action. The plaintiffs are an unlimited English company, and an unlimited Irish subsidiary company. The first defendants are a limited Irish company and two sub- scribers to that company. The second defendants are an Irish limited company, and the same two subscribers. No ne of the defendants gave evidence. C. & A. Modes carries on business as retailers of mens, womens and childrens superstores in 64 locat- ions in Britain, and one in Belfast. The first named plaintiff does not own any retail shop in Ireland, and

Mr. Brendan Kiernan has been appointed as the Irish representative of the European Com- mission of Human Rights in Strasbourg. Mr. Michael Murphy has been appointed Legal Adviser to the Department of Local Govern- ment in succession to Mr. Kiernan.

Appointments Mr. Nevin Griffith, Barrister-at-Law, has keen appointed Registrar of Titles and of Deeds in succession to the late Mr. A. J. O'Dwyer

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