• Tea Board, India v. ITC Ltd., 2011 (48) PTC 169 (Cal.) (DB)

Main Provisions: Geographical Indications Act, Section 18, 75 & 78

Brief Facts/Main Issue(s): The name DARJEELING, the very first GI’s to be registered under the Geographical Indications Act under No. 1 & 2 in class 30 for tea. Defendant applied for the trade mark DARJEELING LOUNGE in class 41 (Restaurant services).

Salient Findings: Defendant not using the mark to say tea served in lounge is from Darjeeling and also not using Plaintiff’s logo. No infringement of the Geographical Indication ‘Darjeeling’ made out.