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Darjeeling is often called the “Champagne of Teas.” It is so highly regarded among tea connoisseurs
that it frequently commands nearly twice the price of other teas in the UK market. The name
“Darjeeling,” however, is meant to apply only to tea leaves grown by garden marks within the district of
that name, within West Bengal, India. The Tea Board of India has registered the name “Darjeeling” as a
certification mark and a geographical indication under Indian law. The word is also a registered mark in
many other countries including the United States. The Tea Board is currently applying for the name to
be a geographical indication under European Union law as well. If granted the status of a geographical
indication (GI), the name “Darjeeling” will have the same protection under European law as the names
“Champagne” and “Bordeaux.”
Tea Board of India v. Jean-Luc Dusong, Case No. 05/20050 (Paris Ct. App. Nov. 22, 2006): a significant
victory for the Tea Board of India against a French user of the name “Darjeeling.” The Paris Court of
Appeal declared null the registration by a French trader of a trademark bearing the name “Darjeeling.”
Tea Board of India v. Republic of Tea, Inc., 80 USPQ2d 1881 (TTAB Jan. 2006): a victory for the Tea
Board of India in its drive to protect the name “Darjeeling.” In this case, it successfully blocked the
registration of a new trademark under the proposed name “Darjeeling Nouveau.”
Apart from the Tea Board of India’s efforts to protect the “Darjeeling” name, one of the most contentious
issues in the tea trade is protection of trademarks in general.
In re Zheng Cai, Serial No. 78821249 (USPTO Sept. 30, 2008) (not precedential): U.S. trademark
examiner refused registration of “TAI CHI GREEN TEA” mark based upon possible confusion with “TAI
CHI” mark already registered for herbal food supplements and herbal teas.
The Republic of Tea, Inc. v. Herbal Republic, Inc., Cancellation No. 92043748 (TTAB Jan. 16, 2007)
(not precedential): in this case the U.S. trademark appellate panel determined that the trademark
“Herbal Republic” would cause confusion with the mark “Republic of Tea,” and cancelled registration of
the former mark.
Truong Giang Corp. v. Twinstar Tea Corp., No. C 06-03594 (N.D. Cal. May 29, 2007): Truong Giang
sells 3 BALLERINA tea in Asian grocery stores across the United States, and successfully obtained a
default judgment of infringement against Twinstar for use of the SLIM BALLERINA tea in Asian
supermarkets.
Premier Brands UK Ltd. v. Typhoon Europe Ltd., [2000] EWHC 1557 (Ch) (Jan. 21. 2000): English
chancery judge found against owner of TY.PHOO tea drink mark on claims of infringement by TYPHOON
name used by kitchenware maker, but allowed reference of the case to the European Court of Justice.
In Unilever Taiwan Ltd. v. Fair Trade Commission (Taiwan High Admin. Ct. 2000), the Taiwanese court
found that Shanq Keng Enterprise Co. Ltd.’s “Lordly Tea” was likely to cause confusion with Unilver’s
Lipton Tea, also sold in Taiwan, reversing an earlier administrative decision to the contrary.
that it frequently commands nearly twice the price of other teas in the UK market. The name
“Darjeeling,” however, is meant to apply only to tea leaves grown by garden marks within the district of
that name, within West Bengal, India. The Tea Board of India has registered the name “Darjeeling” as a
certification mark and a geographical indication under Indian law. The word is also a registered mark in
many other countries including the United States. The Tea Board is currently applying for the name to
be a geographical indication under European Union law as well. If granted the status of a geographical
indication (GI), the name “Darjeeling” will have the same protection under European law as the names
“Champagne” and “Bordeaux.”
Tea Board of India v. Jean-Luc Dusong, Case No. 05/20050 (Paris Ct. App. Nov. 22, 2006): a significant
victory for the Tea Board of India against a French user of the name “Darjeeling.” The Paris Court of
Appeal declared null the registration by a French trader of a trademark bearing the name “Darjeeling.”
Tea Board of India v. Republic of Tea, Inc., 80 USPQ2d 1881 (TTAB Jan. 2006): a victory for the Tea
Board of India in its drive to protect the name “Darjeeling.” In this case, it successfully blocked the
registration of a new trademark under the proposed name “Darjeeling Nouveau.”
Apart from the Tea Board of India’s efforts to protect the “Darjeeling” name, one of the most contentious
issues in the tea trade is protection of trademarks in general.
In re Zheng Cai, Serial No. 78821249 (USPTO Sept. 30, 2008) (not precedential): U.S. trademark
examiner refused registration of “TAI CHI GREEN TEA” mark based upon possible confusion with “TAI
CHI” mark already registered for herbal food supplements and herbal teas.
The Republic of Tea, Inc. v. Herbal Republic, Inc., Cancellation No. 92043748 (TTAB Jan. 16, 2007)
(not precedential): in this case the U.S. trademark appellate panel determined that the trademark
“Herbal Republic” would cause confusion with the mark “Republic of Tea,” and cancelled registration of
the former mark.
Truong Giang Corp. v. Twinstar Tea Corp., No. C 06-03594 (N.D. Cal. May 29, 2007): Truong Giang
sells 3 BALLERINA tea in Asian grocery stores across the United States, and successfully obtained a
default judgment of infringement against Twinstar for use of the SLIM BALLERINA tea in Asian
supermarkets.
Premier Brands UK Ltd. v. Typhoon Europe Ltd., [2000] EWHC 1557 (Ch) (Jan. 21. 2000): English
chancery judge found against owner of TY.PHOO tea drink mark on claims of infringement by TYPHOON
name used by kitchenware maker, but allowed reference of the case to the European Court of Justice.
In Unilever Taiwan Ltd. v. Fair Trade Commission (Taiwan High Admin. Ct. 2000), the Taiwanese court
found that Shanq Keng Enterprise Co. Ltd.’s “Lordly Tea” was likely to cause confusion with Unilver’s
Lipton Tea, also sold in Taiwan, reversing an earlier administrative decision to the contrary.
COURT DECISIONS OF INTEREST
THE DARJEELING CASES
THE DARJEELING CASES
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