The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER 1995

B O O K

R E V I E W S

enforcement are explained. The text is straight forward, clear and succinct to read and the chapters are laid out in sections which are easy to cope with. I was unable to dream up a set o f facts the answer to which was not contained and easily found among the pages of this book. On the negative side, the table of cases is not without its faults. On a trawl through, initially for mention of Irish cases, I checked paragraph 2 . 19 for a reference to An Bord Trachtala - v- Waterford Foods, reported at [ 1 9 9 4 ], Fleet Street Reports. However no mention is made at all in paragraph 2 . 19 of the case. Thus riled, I abandoned my search just for mention o f Irish cases and unfortunately found a number o f other such editing errors. Ciba-Geigy Pic. -v- Park Davis & Co. Limited [ 1 9 9 4] F S R 8 is nowhere to be found at Paragraph 4 . 1 3, but in the paragraph above, at 4 . 1 2. United Biscuits (U.K.) Limited -v- Burton Biscuits Limited [1992 SFR14] is not in fact the case mentioned at paragraph 6 . 6 0 in spite o f what the table of cases says. Rather it is United Biscuits -v- Irish Biscuits [1971] I.R. 16 which is cited at paragraph 6 . 60 where College Creams and Cottage Creams were held not to pass-off one another in appearance, size or texture receives no mention at all in the table o f cases. Such errors are regrettable in a tome costing S T G £ 9 8, and although these are presumably not Mr Wa d l ow 's mistake, perhaps he will consider challenging his editor prior to commencing work upon the third edition to check it more carefully. Since the tort of passing-off has no statutory basis at all, per force, Mr. Wa d l ow 's text leads the reader from case to case and the only real criticism I would have, is that his text is a little light on comment about the cases and he rarely gives his view as to how he believes matters should evolve. This since their outer packaging was distinctive. This case however

judgment is, however, perhaps a little harsh since the book is, because of this, an extremely useful one for the practitioner and one which, overall, I highly recommend as an addition to any solicitor's practice.

The Law of Passing-Off

By Christopher Wadlow. Published by Sweet & Maxwell, London. Second Edition; 1994; 625pp; hardback; £98.00 stg. This is the second edition of Christopher Wa d l ow 's book, which when first published in 1 9 90 was an extremely welcome arrival since it is, if not the only, then one of the very few texts devoted entirely to the tort of passing-off. The cover o f this new edition is somewhat intimidating in its black and green severity but this belies the content which is well laid out, clear and easy to find on e 's way around. There is a useful "plan o f the b o o k" section which explains Mr. Wa d l ow 's lay-out o f the text and indeed if only those four pages were read, one would have gathered the essence of passing-off. The book is unusual for an English text in that it cites cases from most of the c ommon law jurisdictions of the world. Since the tort of passing-off is an ever growing one and the Courts in Ireland have always been open- minded in accepting case law from other c ommon law jurisdictions as persuasive precedent, Mr. Wa d l ow 's book as a work of reference for Ireland, even though not specifically designed for us is extremely useful in that regard. The introduction deals with the essential elements o f the tort, then charts the history and growth o f the tort from the early eighteenth century and compares passing-off with the concept o f unfair competition. The next sections deal in detail with the bones of the tort, goodwill, damage and misrepresentation. There is a section on distinctiveness and get-up and a useful section on character merchandising. Finally defences to the tort o f passing-off and remedies for

Carol Plunkett.

Case Law of the European Court of Human Rights, Volume III, 1991 - 1993

By Vincent Berger, Dublin, The Roundhall Press, xvi + 454 pp; IR£47.50; hardback. The Chinese philosopher Confucius, (551 - 4 7 9 B C ) in the Li Chi wrote of the Great Commonwealth where all men are brothers. He wrote that within this Great Commonwealth, virtuous and able men are elected to office, mutual confidence is demonstrated and peace obtained. In this land, people would regard other people's parents, families and states as their own; the old could enjoy their old age, the young were free to grow and employ their talents, the helpless, widows and widowers, the lonely, the orphaned, the crippled and the deformed would all be provided for. Confucius continued that labour was not to be used for selfish purposes; persons content at work would not be involved in banditry or rebellion and as a result "even outer gates need not be closed". This was to be "the state o f Great Unity". Confucius was writing about human rights and although the perfect Commonwealth has not c ome about, Mr. Justice Brian Walsh in his preface to Dr. B e r g e r 's book notes that it is evident in the years under review that the European Court o f Human Rights has earned

243