The Karnataka High Court has ordered that the ‘Yezdi’ trademark does not belong to Boman R. Irani of Rustomjee Group and Classic Legends Pvt. Ltd. Instead, the order states that the trademark belongs to Ideal Jawa, which has been in liquidation since 1991. The ruling also allows the official liquidator to sell the mark by auction. The court order also prohibits Boman R. Irani, Classic Legends, Mahindra & Mahindra and others from using the “Yezdi” trademark. In addition, they cannot use as a word or device any other mark containing the word “Yezdi”, whether alone or in combination with other words, including all domain names that use the word “Yezdi” or mark, to declare the order.
In response to the ruling, Classic Legends stated in an official press release that the company is seeking legal advice on the matter and will appeal the order soon, optimistically receiving favorable relief. It also said that during the interim period, the manufacture and sale of “Yezdi” motorcycles will continue, subject to the order of the appeal court. “The order is on hold and the company is seeking legal advice on the matter. The company will appeal the order shortly and is optimistic about obtaining favorable relief,” the company said.
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The Karnataka High Court also ruled that Ideal Jawa (India) Ltd., which is in liquidation, is the owner of the “Yezdi” trademark, whether used alone or in combination with other words. The court ruling further stated that the company’s trademark remains legally in the court’s custody as it is currently undergoing liquidation proceedings initiated in 1991.
Concurrently with granting this mandate, the Karnataka High Court declared invalid all trade marks and certificates of registration issued to Boman Irani by the Registrar of Trade Marks in Mumbai, Delhi and Ahmedabad. It also directed the Registrar of Trademarks to transfer all such registrations to Ideal Jawa through the Official Liquidators (OL). The court further added in its ruling that Boman Irani and Classic Legends are liable for and pays Ideal Jawa for all proceeds derived from the use of these trademarks and directed them to provide details of all sales and proceeds from the use of “Yezdi”. information’ trademarks of any kind.
First published date: December 26, 2022 at 18:04 PM CST