Reckitt & Colman Ltd v Borden Inc [1990] 1 All ER 873, – also known as the Jif Lemon case – is a leading decision of the House of Lords on the tort of passing off. The Court reaffirmed the three part test (reputation and goodwill, misrepresentation, and damage) in order to establish a claim of passing off.

Background

per Slade LJ: Reckitt, sold lemon juice under the name "Jif Lemon" which came in plastic yellow container that was shaped like a lemon. Borden, a competitor, started to produce lemon juice in a similar lemon-shaped plastic container that was only slightly larger with a flattened side. Reckitt sued Borden for passing off their product as Jif Lemon juice. At trial the Court found in favour of Reckitt, which was subsequently upheld at the Court of Appeal.

Opinion of the Court

At the House of Lords, the Court upheld the previous judgments. Lord Oliver, at page 880, reaffirmed the classic test for passing off: