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Trespass to goods (Conversion (Finders - duty to return unless owner not…
Trespass to goods
Conversion
intentional dealing with goods which is inconsistent with possess or right to immediate possession of another
Mills v Brooker cutting overhanging branches and removing fruit, entitled to cut branch or fruit - have to return to neighbours garden - eating it was conversion
Bushell v Miller- defendant moved plaintiffs goods in order to access his own - not conversion - should still return
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Moorgate Mercantile v Finch - person lawfully receives goods and subsequently abuses possess - conversion
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Passing of
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Plaintiffs reputation
established reputation in his goods so defendants conduct misleads public to consider defendant's product the plaintiffs products
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An Post v Irish Permanent - an Post for years offered saving certificates, the defendant used the term Saving Certificate in an advertising campaign and preceding term with the Irish parliament
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defendants reputation
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United Biscuits v Irish Biscuits - Cottage creams and College Creams packaging is sufficiently different to avoid confusion (taste same, similar name)
Mitchelstown Co op v Goldenvale - injunction granted restraining defendants from packaging goods in tubs similar in shape, colour
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Sony v Saray electrics- small retailer put Sony's logo outside shop, potential to damage Sony's reputation
Likelihood of Injury
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Walter v Ashton - defendant launched bicycles called Daily Express - official backing of newspaper, subsequent campaign launched - The Times used (no connection), - court held exposed The times to liability and litigation #
Chelsea Man v Chelsea Girl - plaintiff had shops in 3 cities, obtained injunction against defendant opening outlets
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McDonagh v West of Ireland Fisheries - defendant moved plaintiff's boat - no proof defendant caused damage
Farrell v Minister for Agriculture - minister no direct contact with plaintiffs cattle, deliberate and intentional interference with plaintiff's possession by forcing plaintiff to bring cattle for slaughter - trespass
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unfair advertising - injunction to restrain defendants misleading ads - price comparisons valid but misleading - own brands v household brands