LE SHARK APPAREL LIMITED vs ANIL SHAH AND 2 ORS

Judgment text excerpt

COMMP-538-22.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL MISCELLANEOUS PETITION NO. 538 OF 2022 Le Shark Apparel Limited …Petitioner Versus Anil Shah & Ors. …Respondents ---------- Mr. Rohan Kadam, a/w Ms. Rucha Vaidya, Mr. Dominic Alvares, Manosij Mukharjee, Ms. Pooja Gupta and Mr. Ritik Gupta i/b Ms. Suvarna Joshi for the Petitioner. Mr. Lakshyaved R. Odhekar a/w Mr. Omkar N. Mhasde for the Respondents. ---------- CORAM : R.I. CHAGLA J. Reserved on : 23rd April 2025 Pronounced on : 14 October 2025 JUDGMENT : 1. By this Commercial Miscellaneous Petition, the Petitioner SHARAYU PANDURANG KHOT is seeking rectification of the Respondents’ registered Trade Mark No. Digitally signed by SHARAYU PANDURANG 466002 registered in Class 25 for, “Articles of Clothing, including KHOT Date: 2025.10.14 15:27:39 +0530 Boots, Shoes and Slippers, Scarves and Raincoats” under Sections 47 and 57 of the Trade Marks Act, 1999 (“the Act”). 1 COMMP-538-22.doc 2. The brief background of material dates and events are as under :- (i) The trademark “LESHARK” and the device , which is claimed by the Petitioner to be a unique, original and fanciful portmanteau of ‘Le’ and ‘Shark’ with a unique graphic of a shark was conceived and adopted by the predecessors of the Petitioner in United Kingdom (Le Shark Limited) in the year 1984. (ii) The Petitioner’s predecessor (Le Shark Limited) was granted registration of the device mark in the United Kingdom in Class 25 (shirts, T-shirts, jumpers, trousers) under Registration No. UK00001218623 on 14th May 1984. (iii) The Petitioner’s predecessor (Le Shark Limited) was granted registration for the device mark 2 COMMP-538-22.doc in the United Kingdom in Class 25 (shirts, T-s