Supreme Court of India
Infosys Technologies Ltd. v. Jupiter Infosys Ltd. and Anr.
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What the Court ordered
In view of the above, these appeals are allowed in part C and the impugned order dated September 9, 2004 is set aside.
Judgment, page 27
From the headnote
Trade and Merchandise Marks Act, 1958: ss.46 and 56 - Application under, for removal/rectification of entry in the register of trade mark - Held: Can only be preferred by a 'person aggrieved' - The applicant must not only be a 'person aggrieved' on the date of the application but must continue to remain a 'person aggrieved' until such time the application is finally decided - To be a 'person aggrieved', there must be o likelihood of some injury or damage to the applicant by such trade mark - In the instant case, while ordering removal of appellant's mark from the register of trade marks, it
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