https://www.taxtmi.com/caselaws?id=456953 A geographical indication or certification trade mark does not confer monopoly-like control over a commercially descriptive term where the impugned use in relation to services does not create a real likelihood of confusion or deception. The court distinguished between certification trade marks, which may extend to goods and services, and geographical indications, which are primarily goods-based, and held that cross-category objection is not an absolute bar in principle. On the facts, use of "Darjeeling" for an exclusive hotel lounge did not amount to actionable infringement, passing off, unfair competition, or dilution, and the defendant's prior and long-standing use also weakened the claim for interim relief. en-us Wed, 20 Apr 2011 00:00:00 +0530 Wed, 28 Aug 2024 14:53:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456953 A geographical indication or certification trade mark does not confer monopoly-like control over a commercially descriptive term where the impugned use in relation to services does not create a real likelihood of confusion or deception. The court distinguished between certification trade marks, which may extend to goods and services, and geographical indications, which are primarily goods-based, and held that cross-category objection is not an absolute bar in principle. On the facts, use of "Darjeeling" for an exclusive hotel lounge did not amount to actionable infringement, passing off, unfair competition, or dilution, and the defendant's prior and long-standing use also weakened the claim for interim relief. Case-Laws Indian Laws Wed, 20 Apr 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456953