C.S. No. 250 of 2010
PARTIES
The Plaintiff is Tea Board of India
which is a state agency of the Government of India established to
promote the cultivation, processing, and domestic trade as well as
export of tea from India
The Defendant is ITC Ltd. a
multinational conglomerate company headquartered at Kolkata, West
Bengal.
BRIEF FACTS
The Tea Board of India filed a suit for trademark infringement
against ITC Ltd. for using the name "Darjeeling" at one
of its refreshment lounges, namely, "Darjeeling Lounge"
at its Hotel in Kolkata.
The Plaintiff filed a suit in the Calcutta High Court which was
rejected by the Single Judge. The Division Bench of the Court also
upheld the decision. On appeal to the Supreme Court, the Court
directed the suit to return to the Calcutta High Court with an
instruction for expeditious decision on pleadings and admitted
material only. Hence, the present appeal lies before the Calcutta
High Court.
