Yezdi trademark does not belong to Classical Mythology, compulsory Karnataka High Court
Karnataka High Court has ordered that the trademark ‘Yezdi’ does not belong to Boman R. Irani of Rustomjee Group and Classic Legends Pvt. Ltd. Instead, the order stated that the trademark belonged to Ideal Jawa, which has been in liquidation since 1991. The ruling also allowed the liquidator to officially sell the mark through auction. The court order also restricts Boman R. Irani, Classic Legends, Mahindra & Mahindra and others from using the trademark ‘Yezdi’. In addition, they may not use any other trademark containing the word ‘Yezdi’ as a word or device, whether independently or in combination with other words, including all domain names using the word or label. sign ‘Yezdi’, the order stated.
In response to this ruling, Classic Legends stated in an official statement that the company is seeking legal advice on the matter and that it will soon file an appeal against the order and is optimistic about securing a favorable relief. It also says that during the interim period, the production and sale of ‘Yezdi’ motorcycles will continue, this is subject to the order of the Court of Appeal. The order has been postponed and the company is seeking legal advice on the matter. The company will soon file an appeal against this order and is optimistic about securing favorable relief, the company said. “.
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The Karnataka High Court has also ordered that Ideal Jawa (India) Ltd., which is being liquidated, is the owner of the trademark ‘Yezdi’, independently or in combination with other words. The court ruling adds that the company’s trademarks remain under the legal supervision of the court as the court is currently dealing with liquidation proceedings, which began in 1991.
In making this mandate, Karnataka High Court declared all trademarks and registration certificates issued by the Trademark Registry, Mumbai, Delhi and Ahmedabad to Boman Irani to be null and void. It has also directed the Trademark Registry to transfer all such registrations to Ideal Jawa through the Official Liquidator (OL). The court further added in its ruling that Boman Irani and Classic Legends were liable to and payable to Jawa Ideal for all benefits derived from the use of the trademark and directed them to provide all both sales and income insights from using the ‘Yezdi’ brand in any form.
First published date: December 26, 2022, 18:04 PM IST
