Supreme Court · 2010 INSC 762 · Decided 9 November 2010

Infosys Technologies LTD. v. Jupiter Infosys LTD. and ANR.

Court
Supreme Court of India
Citation
2010 INSC 762 · [2010] 14 S.C.R. 312
Case number
CIVIL APPEAL No. 5743/2005
Decided
9 November 2010
Bench
AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil

Headnote

Trade and Merchandise Marks Act, 1958: ss.46 and 56 - Application under, for removal/rectification of entry in the C 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 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 was

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