The name ‘Darjeeling Tea’ is tantamount to one of the finest tea produced in the world. Known for its characteristic quality and colour, it refers to tea which has been cultivated, grown, produced, manufactured and processed in the designated 87 tea gardens in the district of Darjeeling in West Bengal. It is said that Darjeeling tea developed around 1840 after Dr. Campbell planted tea seeds in his garden at Beechwood, Darjeeling, 7000 ft above sea level as an experiment. In order to ensure the reputation of DARJEELING tea, the Tea Board has registered the "DARJEELING Logo" and "DARJEELING” (the word mark) as certification marks and geographical indications in India and has initiated proceedings in various jurisdiction to protect the mark from infringement.
In China, the legislative framework for the registration for certification mark is completely different from the framework present in India. Moreover the new PRC trademark law which has come into effect from 1st May 2014 bought substantial changes to the current trademark regime in place in China. The protection afforded to well known trademark has been increased as Article 14 of the new Act provides that determination of well known trademark would be undertaken in case of infringement of well known trademark. However procedural norms regarding opposition proceedings have been drastically altered and now if the opposition fails at the Trademark Office level, which is the first level of review for an opposition, the mark would immediately proceed to registration. This is in contrast to the current state of law which allows the opponent in such a situation to appeal to the Trademark Review and Adjudication Board and further apply for judicial review at two levels of court. In addi...
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...ion of the mark ‘DA JI LING’ is a prerequisite for the registration of the DARJEELING mark in China.
Secondly, in case of opposition proceeding in regard to trademark application by BA Zhou Shi Sheng Fang even the Trademark Review and Adjudication Board allowed the applicant mark to be registered which was a major set-back to the protection of Darjeeling Tea mark. The opposition petition of Tea Board was rejected mainly on three grounds:
1) that the goods were not closely related in terms of functions, purposes, consumer groups.
2) that differences exist between the depictions of the opposed mark and DARJEELING logo; and
3) that the registration and use of the opposed mark would not mislead consumers as to the origin of goods
The matter was appealed by the Tea Board to the Beijing No. 1 Intermediate People’s Court for adjudication and is currently sub-judice.
(7) Right to appellate review: The Supreme Court did not rule regarding appeal since their ruling was this case was to be remanded back to the lower courts.
v. VIP Prods., LLC 666 F. Supp. 2d 974 (Mo., 2008) Anheuser-Busch makes a distinction between confusing and non-confusing parodies, the latter being protected as a parody. The important factors in the case were that the price point of the products was the same, they were directly competing goods and the survey showed that there was a level of confusion (30.3% were confused), in addition, consideration was placed on irreparable harm caused by the defendants use of the mark, the priority lay with the first to register the trademark, lastly the District Court considered public interest, i.e. whether the public was deceived. Similarly in Starbucks Corp v. Wolfe’s Borough Coffee Inc., 588 F3d 97 (2d Cir. 2007) the court distinguished Louis Vuitton S.A. v Haute Diggty Dog, LLC, 507 F.3d 252 (4th Cir. 2007) by holding that if (as in the Louis Vuitton case), the mark is used in non-competing goods, the defendant conveyed that it was not the source of the plaintiffs product and if the actual use of the mark does not impair the distinctiveness of the plaintiff’s mark there may be an argument in favor of the defendant, however, if the defendant’s humor is not conveyed to the public, and does not increase the public identification of the plaintiff’s mark with its mark it will fail to establish
What tactic could prevent the sale of East India Company tea in America? Perhaps Americans could refuse to purchase the tea – but this option promised little success. Officially, Americans had been boycotting English tea for years, but in fact, many Americans had resumed drinking English tea after the partial repeal of the Townshend duties in
This is the where there is use of some attraction to the consumers and in this case the use of an ...
Characteristics of our society reflect in the outcome of purchasing tendencies. How many of us can honestly say we make a valid effort to purchase goods made in our own country? In our face paced world where both parents are in the work force, raising children, social activities and everything else, who has time to make an effort? Most often, consumers only care about marking off the s...
The process of the judging on this criteria goes like this: First, a business or organization that loses an appeal in the Us court system, they are allowed to file a petition, called a “cert petition” (Savage 981). These petitions explain in thirty pages or less the process, views, and decision of the case. These are then given to the Law Clerks, who create a “cert memo”. This is created when the Clerk rea...
In this case, Tiffany versus eBay lawsuit, Tiffany have argued that eBay should be held responsible for contributing on user’s trademark violations, trademark dilution, and false advertising. However, the Second Circuit found that eBay was not directly or secondarily liable for such trademark infringement or dilution. Though, the appeals court remanded Tiffany’s false advertising claim to the lower court on the basis that some advertisements on eBay for Tiffany products may have been misleading (Anderson & Schvimmer, 2010).
...esses expand into foreign countries, many businesses find there are already companies with the same trademark. However, focusing on the domestic market, recovery for trademark infringement must show that (1) it possesses the trademark; (2) the defendant used the mark in commerce; (3) the defendant’s use of the mark was to benefit; and (4) the infringer is confusing customers (Barnes, Dworkin & Richards, 2011). As China expands industrially and technologically, many U.S. and European companies fear trademark infringement. Most large companies have done well at establishing and maintaining international trademark protection (e.g., Coca-Cola, Apple, and McDonalds), whereas small to medium companies struggle with copycat goods and services. Not to get confused, trademark infringement happens domestically with products like Nike footwear and Ralph Lauren clothing.
The best loose leaf tea offers various potential wellbeing profits. The primary importance of drinking loose leaf teas is that they are of higher quality. The clarification for this is basic. On buying loose leaf, whether it is loose leaf green tea or natural loose leaf tea, you get entire leaves, which hold their vital oils. In any case, what happens in the other hand is that the leaves utilized within sacks are frequently tea clean and leaf parts. The tea dust is gathered after the leaves are picked and transformed. These sections when put into sacks, lose their fundamental oils, which commonly exist in entire clears out. On the off chance that the tea in the sacks, if at all holds a percentage of the oils, then they are of low quality.
Over the years, many companies such as scrabble, Tylenol, Channel, Louis Vuitton and even Polo Ralph Lauren (PRL) Corporation have had to fight to protect their intellectual property. By looking more specifically into Polo Ralph Lauren, a fashion company that offers a range of products from clothing to home furnishings, this paper will explore trademark laws and how these laws could be advantageous one hand and limit one group and limit business abilities on another.
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Trademarks and service marks or brand names which are officially registered in a (at least national) list of trademarks of this legal group may be marked with the registered trade mark, which confirms them the full protection of the trade mark. The registered trade mark symbol is an uppercase letter "R", which is usually represented in smaller letters and is added after the name of the goods and service mark. A trademark serves to identify goods or services using symbols, words, names or a device in order to distinguish from the competition. For example, a well-known name of a product creates trust and represents an economic value. A brand serves to mark the goods or services of a company and thus protects this "good name". This creation of a Trademark ® can take place in different ways as
White tea is believed to have originated from China, with the production process used today created in the 1700s. Various types of white tea are created using various types of tea bushes.
In recent years, diversification and changes in lifestyle, due to differences in the lifetime of the family between the opportunity to drink tea with a teapot is reduced mainly in middle-aged and young layer have.
However, does tea continue to have an impact on the culture in present time? To find the answer to this question we first need to understand four things related to tea, which are its origin, popularity, trade and finally tea culture and ceremonies. As for the subject of tea culture and ceremony because there are many different ones we will only focus on four which will be China, Japan, Tibet and lastly Britain. I myself,