Someone recently bought our

students are currently browsing our notes.

X

Reckitt & Colman Ltd v Borden Inc

[1990] 1 All E.R. 873

Case summary last updated at 02/02/2020 19:57 by the Oxbridge Notes in-house law team.

Judgement for the case Reckitt & Colman Ltd v Borden Inc

C manufactured Jif lemons. D wished to produce lemon juice holders almost identical to those of Jif. C argued that D was passing off. D argued that use of a lemon to hold lemon juice was both common to the trade, and descriptive. Held:
 
·        See notes.
·        On facts:
1)     Use of plastic lemon not‘descriptive’
Ø  Even if the plastic lemon was descriptive, had acquired a secondary meaning
Ø  However in any case probably only words can be descriptive
2)     Use of plastic lemons not ‘common to the trade’
Ø  Plastic lemons were not in general use in UK; Jif was the sole provider
·        Thus D was passing off, and could only market plastic lemons if they had sufficient distinguishing features from Jif.
 

Have you seen Oxbridge Notes' best Intellectual Property Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious adademic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
Intellectual Property Law Notes

Intellectual Property Law Notes >>