SANJIB BANERJEE, J.

The two parties have locked horns over “Darjeeling” in Calcutta. The claimant asserts exclusivity over “Darjeeling” and insists that it may not be used by the defendant without leave; the defendant extols the virtues of the sights and sounds of the idyllic crucible of nature’s bounty that answers by that lilting description and maintains that there is more to “Darjeeling”- its misty mornings, alluring snow caps in the distance and the innocence of its apple-cheeked children – than the tea that is grown thereabouts. The plaintiff is a statutory body set up under the Tea Act, 1953. The plaintiff is the registered owner of the two sets of trade marks. The marks are word

“Darjeeling” and a round device featuring the exquisite profile of a lady to the right holding the easily recognisable two-leaves-and-a-bud in her left hand and the word “Darjeeling” spelt out on the edge running from 9 o’clock to 12 o’clock. The word and device marks are independently registered under the Geographical Indication of Goods (Registration & Protection) Act 1999 and the Trade Marks Act, 1999. The plaintiff’s grievance here is in the defendant naming a section of its luxurious