Manyee Chow | Bloomberg Law Tea Board, India v. I.T.C. Limited, A.P.O.T. No. 245 of 2011, (High Court of Calcutta, Aug. 24, 2011) The Tea Board of India (the "Board") lost its appeal before the Calcutta High Court to prevent luxury hotel chain ITC Hotels from using the word "Darjeeling" in connection with a tea lounge at its ITC Sonar hotel in Kolkata. The Calcutta High Court found that the lower court correctly rejected the Board's previous application for an injunction and that the Board had failed to make out a prima facie case. For a discussion of earlier developments in this case, see Indian Court Holds Owner of DARJEELING Mark Does Not Hold Exclusive Rights to the Word "Darjeeling," Bloomberg Law Reports - Asia Pacific Law, Vol. 4 No. 6 (June 6, 2011).
The Board Failed to Prove Prima Facie Case Against ITC
Lower Court Did Not Err in Its Decision
No Passing Off Committed
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