The Karnataka High Court has ordered that the Yezdi trademark be transferred to Rustomjee Group’s Boman R. Irani and does not belong to Classic Legends Pvt. Ltd. Instead, the order states that the brand belongs to Ideal Jawa, which has been liquidated since 1991. The decision has also allowed the official liquidator to sell the trademark through auction. Court order Boman R. Irani, Classic Legends, Mahindra & Mahindra and others were also restrained from using the ‘Yezdi’ trademark. Further, the order states that they cannot use any other mark containing the word ‘Yezdi’ as a word or device, whether independently or in combination with other words, which may represent the word or mark ‘Yezdi’. This includes all domain names we use.
In response to this ruling, Classic Legends has released an official statement saying that the company is seeking legal advice. It will soon file an appeal against the order and is optimistic about securing relief in its favour. It also said that during the interim period, the manufacture and sale of ‘Yezdi’ motorcycles would continue, subject to the appellate court’s order.
The Karnataka High Court has also ordered that Ideal Java (India) Limited, under liquidation, is the trademark ‘Yezdi’ owner, whether independently or in combination with other words. The court’s judgment further stated that the company’s trademarks are in the legal custody of the court as it is currently dealing with liquidation proceedings, which began in 1991.
The Karnataka High Court has declared invalid all the trademarks and registration certificates issued by the Registrar of Trademarks, Mumbai, Delhi and Ahmedabad to Boman Irani. It has also directed the Trademark Registration Authority to transfer all such registrations to Ideal Java through the Official Liquidator. The court further said in its judgment that Boman Irani and Classic Legend are liable to be paid to Ideal Jawa for all profits that have been made by the use of the trademark and that they are liable to pay all sales made from the use of the ‘Yezdi’ trademark in any form.
However, the court has kept this order in abeyance for a month to enable the aggrieved parties to challenge it before the Appellate Forum.