TEA BOARD INDIA Vs. ITC LIMITED

JUDGEMENT

(1.) This appeal is at the instance of a plaintiff in a suit for permanent injunction and is directed against order dated April 20, 2011 passed by a learned Single Judge of this Court by which His Lordship rejected an application for interlocutory injunction in such a suit by which the plaintiff prayed for restraining the defendant from using or conducting or marketing in any manner or in any way carrying on its business at the hotel situated in Kolkata by using in any manner whatsoever the name "DARJEELING LOUNGE" or any other name or mark or word which is phonetically or structurally similar or identical or deceptively similar to the registered geographical indications "DARJEELING", the name and logo in the name of the plaintiff in any manner whatsoever and/or passing off or attempting to pass off its business or services so as to discredit the fame of DARJEELING tea as a geographical indication and/or to mislead persons as to the nature of the beverages sold at the said premises of the defendant so as to allude a nexus with the registered geographical indications for the name DARJEELING or logo and to confuse persons in any manner. Being dissatisfied, the unsuccessful plaintiff has come up with the present appeal.

(2.) The case made out by the plaintiff in the plaint may be summed up thus:

(3.) Hence the suit.