“CUSTOMGLASS BOATS LTD AND ANOTHER VS SALTHOUSE BROTHERS LTD

AND ANOTHER”

A ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF INTELLECTUAL

PROPERTY RIGHT LITIGATION FOR THE REQUIREMENTS OF THE DEGREE
B.B.A., LL.B. (Hons.) FOR THE ACADEMIC SESSION 2021-2022.

SUBMITTED BY

NAME – RISHABH SINHA

ROLL NO. – 2034

SUBMITTED TO

NAME– PROF. DR. S.C. ROY

FACULTY OF ITELLECTUAL PROPERTY RIGHTS

February, 2022

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

 ABSTRACT

In this suit there was an action for passing off wherein the plaintiffs claimed damages against the
defendants for the use of the name "Cavalier" in connection with the sale of yachts. The second
defendant had designed a yacht 32 feet in length to be constructed of wood. Subsequently S and
the first defendant formed a new company, viz. the first-named plaintiff, initially called
Salthouse Customglass Boats Ltd., to manufacture the second defendant's design in fiberglass.
The prototype was named "Cavalier 32" and similar yachts were marketed under that name. The
second defendant designed a second boat originally named "Mystic 38" but eventually marketed
by the plaintiffs as "Cavalier 39". The first defendant sold its shares in the first-named plaintiff
but continued to manufacture yachts and marketed them under the names "Cavalier 25" and
"Cavalier 43". The first-named plaintiff advertised yachts of the type "Cavalier 32" and "Cavalier
39" as having been designed by the first-named plaintiff. The defendants counterclaimed that the
plaintiffs were liable in damages for passing off, and the second defendant claimed damages for
slander of title on the grounds that the yachts "Cavalier 32" and "Cavalier 39" had been designed
by him.

Held, giving judgment for the plaintiffs and dismissing the defendants' counter claim as to
passing off, and giving judgment for the second defendant in respect of the counterclaim for
slander of title.

RESEARCH METHODOLOGY

The researcher will be confining to doctrinal method of research only.

SOURCES OF DATA

The researcher will rely upon both the secondary sources of data. The secondary source being
books and websites.

STYLE OF WRITING

The researcher will be using both descriptive and analytical style of writing.
MODE OF CITATION

The researcher will use uniform mode of citation throughout the project.

SCOPE AND LIMITATIONS OF THE STUDY

Though the researcher will try his level best not to leave any stone unturned in doing this project
work to highlight various aspects relating to the topic, but the topic is so dynamic field of law,
the researcher will sight with some of unavoidable limitations.

TENTATIVE CHAPTERISATION

1. CHAPTER 1 – Introduction: Fact of the case -Preliminary issues

2. CHAPTER 2 – Arguments pros and cons
3. CHAPTER 3 – Application of Law on each issue or statement of Law
4. CHAPTER 4 – Finding in the suit/Judgment with citation of cases referred
5. CHAPTER 5 – Analysis
6. CHAPTER 7 – Conclusion

BIBLIOGRAPHY

Books –

1) The law of Trademarks and Passing off( P Narayan, 1971)

2) Trade Marks Act, 1999

Websites-

1) https://blog.ipleaders.in/slander-goods-title/
2) https://swarb.co.uk/customglass-boats-limited-v-salthouse-brothers-limited-1976/
3) https://blog.ipleaders.in/trademark-passing-off/