Translation Series: The Tea Board v. Mr. Jean-Luc Dusong
Cardozo Arts & Entertainment Law Journal, Vol. 28, p. 431, 2010
7 Pages Posted: 20 Sep 2011 Last revised: 5 Jul 2016
Date Written: September 29, 2010
THE TEA BOARD v. Mr. Jean-Luc DUSONG is a November 22, 2006 decision of the Paris Court of Appeals reversing a lower court ruling that a semi-figurative trademark consisting of the word DARJEELING and the picture of a teapot for books, magazines, and consulting services was lawful and did not constitute consumer deception. Reasoning that the Indian Tea Board had protectable rights to DARJEELING under the Paris Convention and the TRIPS Agreement, the Court of Appeals found that the defendant’s trademark was a “parasitic use” and wrongful conduct under article 1382 of the Civil Code. The Court ordered that defendant’s trademark be cancelled.
Keywords: Trademark, Geographical Indications, GI, TRIPS, Parasitic Competition
Suggested Citation: Suggested Citation