Tea Board of India v. ITC Ltd.
2011 SCC OnLine Cal 1870 · Calcutta High Court
Use of 'Darjeeling' for a lounge, divorced from tea originating in the Darjeeling region, was examined against GI and passing-off principles.
Unit IV · Intellectual Property Law
| Act / instrument | Section | Name |
|---|---|---|
| Geographical Indications of Goods (Registration and Protection) Act, 1999 | 2(1)(e) | Geographical indication |
| Geographical Indications of Goods (Registration and Protection) Act, 1999 | 9 | Prohibition of registration of certain geographical indications |
| Geographical Indications of Goods (Registration and Protection) Act, 1999 | 21 | Rights conferred by registration |
| Geographical Indications of Goods (Registration and Protection) Act, 1999 | 22 | Infringement or passing off of registered GI |
2011 SCC OnLine Cal 1870 · Calcutta High Court
Use of 'Darjeeling' for a lounge, divorced from tea originating in the Darjeeling region, was examined against GI and passing-off principles.
AIR 1992 Bom 294 · Bombay High Court
Indian whisky sold with Scottish indicia amounted to passing off the geographic reputation of Scotch whisky.
(2008) 10 SCC 723 · Supreme Court of India
A mark alleged to evoke Scotch whisky may still survive if delay, acquiescence and the overall impression of the mark do not make deception likely.