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Rooibos tea is an herbal tea derived from the plant of that name (also called Aspalathus linearis) which
is native to the Cederberg region of South Africa. The drink brewed from the plant has a reddish
appearance, giving rise to its alternative name: red tea.
In The Republic of Tea, Inc. v. Burke-Watkins, Case No. 03-CV-01862 (E.D. Mo. 2005), The Republic of
Tea responded to cease and desist letters issued by Burke International, which had claimed Burke’s
ownership of the name “rooibos.” Evidence in the case established that the term was a term of common
use and unsuitable as a trademark. After The Republic of Tea obtained summary judgment, Burke
voluntarily abandoned its registration of the name as a trademark with the United States Patent &
Trademark Office. An earlier-filed case against Burke regarding the rooibos name met with a similar
fate in Seelect Inc. v. Burke International, Case No. 2:03-CV-06643 (W.D. Ca. 2003).
is native to the Cederberg region of South Africa. The drink brewed from the plant has a reddish
appearance, giving rise to its alternative name: red tea.
In The Republic of Tea, Inc. v. Burke-Watkins, Case No. 03-CV-01862 (E.D. Mo. 2005), The Republic of
Tea responded to cease and desist letters issued by Burke International, which had claimed Burke’s
ownership of the name “rooibos.” Evidence in the case established that the term was a term of common
use and unsuitable as a trademark. After The Republic of Tea obtained summary judgment, Burke
voluntarily abandoned its registration of the name as a trademark with the United States Patent &
Trademark Office. An earlier-filed case against Burke regarding the rooibos name met with a similar
fate in Seelect Inc. v. Burke International, Case No. 2:03-CV-06643 (W.D. Ca. 2003).
COURT DECISIONS OF INTEREST
THE RED TEA CASES
THE RED TEA CASES
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