Brand Darjeeling is up, running now
India has won cases in the US and French courts for protecting the geographical indication (GI) of Darjeeling tea in these countries.
By Sutanuka Ghosal, TNN |
KOLKATA: India has won cases in the US and French courts for protecting the geographical indication (GI) of Darjeeling tea in these countries. The cases, which had been filed by Tea Board, were clinched after a protracted legal battle that lasted nearly six years in the US and three years in France.
A GI is a name, sign used on goods to indicate and certify that these originate from a specific geographical origin and possess certain characteristics, qualities, or reputation that are essentially attributable to the stated geographical origin.
Tea Board is the owner of all intellectual property rights (IPR) in the Darjeeling word and logo, both in common law and under the provisions of the Trade Marks Act 1999, Geographical Indications of Goods (Registration & Protection) Act, 1999 and Copyright Act, 1957.
“We have won the GI cases for Darjeeling tea in the US and France. It is a major achievement for us,” Tea Board chairman Basudeb Banerjee told ET. In the US, Tea Board had filed a case against Republic of Tea (RoT), a US company, which was trying to register Darjeeling tea in the US under the name Darjeeling Nouveau.
Tea Board had filed the case in 2000 before the Trademark Trial & Appeal Board (TTAB). Tea Board had sought rejection of a trademark application for the same. Tea Board officials said TTAB not only upheld Tea Board’s claim, but also denied RoT’s counterclaim for cancellation of the Darjeeling certification mark on grounds of genericness.
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TTAB also recognised Tea Board’s continuing efforts to maintain control of the Darjeeling mark and protect its values as a GI. It held that regulations and licensing programme constitute “adequate provisions for control”. In France, one Jean-Luc Dusong had registered a mark consisting of the name Darjeeling, with the logo of a teapot in respect of goods and services such as artwork, engravings, books, journals, communication, consultancy and others. Tea Board moved the French court in 2003 to protect the Darjeeling brand under the GI Act. This legal duel in France was particularly tough. Initially, the Court of First Instance in Paris rejected the claim and held that Mr Dusong’s mark was not deceptive, as it related to dissimilar goods.
Finally, the Court of Appeal reversed this ruling and upheld Tea Board’s claim. It observed that by adopting the name Darjeeling along with the device of a teapot, Mr Dusong had attempted to benefit from the renown and economic value associated with the GI. It also said Darjeeling should be protected within the meaning of TRIPS Agreement and Paris Convention.
sutanuka.ghosal@timesgroup.com
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