Summary: Le Shark Apparel Limited took Anil Shah and others to court over a trademark dispute. The court decided in favor of Le Shark, ordering the removal of the contested trademark from the registry.
Le Shark Apparel Limited, a company from the UK, claimed that their brand was being used without permission by Anil Shah and his team. Le Shark's special brand, featuring a shark logo, was first registered in 1984. Over the years, the brand became known worldwide.
Anil Shah applied for a similar brand in India in 1987, covering clothing items like shoes and raincoats. Le Shark argued that this brand was the same as theirs, which was originally registered in the UK.
"The disputed trademark is a direct copy... registered earlier in Europe in 1985."
The case was overseen by Judge R.I. Chagla. Le Shark's lawyer, Mr. Rohan Kadam, argued that Shah's trademark was not used honestly and was a copy of their well-known brand. Anil Shah and his team, represented by Mr. Lakshyaved R. Odhekar, claimed they had been using the brand for years and had built a business around it.
Le Shark accused Anil Shah and his team of showing fake invoices to prove they used the trademark. The court found these invoices suspicious because they were issued to a company that didn't exist at the time.
"These invoices are completely suspicious and cannot be considered as reliable evidence."
The court decided that Anil Shah's trademark was not registered honestly and ordered its removal from the trademark list. This decision was based on the lack of real use and the dishonest way the trademark was adopted.
Le Shark won the case, with the court ordering the removal of the contested trademark. This decision helps keep trademark registrations fair and protects businesses from dishonest claims.
"The disputed trademark deserves removal from the Register for good reason."
This case shows how important it is to protect ideas and make sure trademarks are used properly.
