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.
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
In response to the Tea Act of 1773, the colonists had various reactions. The Tea Act was suggested by Lord North in order to save the East India Company from bankruptcy. This act also allowed the East India Company to bypass most of the taxes placed on tea, except for the Townshend Act tea tax. The Tea Act made the East India Company’s tea the cheapest, even with the tax. The colonists were
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...
“John Hancock organized a boycott of tea provided by the East India Company, which was subject to an import tax, and helped to enforce the boycott by smuggling tea in so that the colonists would not go without their favored beverage.” This is what resulted in the Tea Act. "The trade in tea with China that was the most viable in the 18th century. Tea accounted for more than 60% of the Company’s total trade in the late 1700's. Customs duty on tea was providing 10% of the British government's annual revenues.” The Tea Act being passed was not aimed to make the American colonists angry, but it made many mad. American colonists could buy no tea unless it came from the company. American colonists saw this law as yet another meaning of “taxation without representation” because it meant that they could not buy tea from anyone else without spending a lot more money. There was a bad reaction to the Tea Act.
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 the absence of registered trade mark rights, case law suggests as a general principle, that mere similarity of goods is not enough for an actionable wrong to occur. Passing off derives from the common law action deceit which is the civil action for fraudulent misrepresentation. Passing off is a non-statutory cause of action that has developed over the years through case law and has changed considerably overtime. Passing off came into existence long before trademarks became registerable and has always been available at common law for marks refused registration, not registered or ineligible for
...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.
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).
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.
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
Talbott Teas is a company which produces and sells uniquely created teas that are meant to pamper a person just by one sip. This company provides extraordinary teas that are packed full of premium flavor. Talbott offers an array of gourmet teas with distinct flavor combinations for a diverse group of consumers to enjoy. This tea company uses high quality ingredients including a wide range of tea leaves, herbs, fruits, and spices to blend into an exclusive flavor experience (Talbottteas.com). Talbott sells their premium quality teas for a varying amount depending on the quantity of tea you buy. You can purchase a 12 pack sachet cube box for around $10.50 and a bulk box containing 100 count sachet cubes for $55.00.
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.
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,
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.
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.