Reckitt & Colman Products Ltd v. Borden Inc. (1990)

"Passing off protects not just names but also distinctive product appearances and get-up."

Short Description :

This case, famously known as the “Jif Lemon Case,” is a cornerstone of the common law of passing off. Reckitt & Colman manufactured lemon juice sold in a distinctive yellow, lemon-shaped plastic container. Borden began selling similar lemon juice in almost identical containers, leading Reckitt to sue for passing off — arguing that the imitation misled consumers.

Facts :

Reckitt’s “Jif” brand lemon juice had been sold for decades in the UK in a unique lemon-shaped bottle that became instantly recognizable to consumers. Borden marketed its lemon juice in a nearly identical yellow container without using the Jif name. Reckitt claimed that the get-up alone identified the product’s source and that Borden’s imitation amounted to misrepresentation.

Findings / Reasoning :

The House of Lords held that Reckitt had established goodwill in the lemon-shaped packaging and that Borden’s imitation was likely to deceive consumers. The Court emphasized that passing off protects the overall trade dress or get-up when it functions as a badge of origin, even without a registered trademark.

Suggestions / Observations :

The Court observed that companies must avoid copying distinctive packaging that consumers associate with a particular source. Even functional or aesthetic elements may attract protection when they create consumer recognition.

Judgment & Date :

On 26 July 1990, the House of Lords ruled in favor of Reckitt & Colman, reinforcing the principle that passing off applies to distinctive product appearances, not just names or logos.