The Karnataka high court has banned Classic Legends and Boman Irani from using the ‘Yezdi’ brand or any other connected trademark containing that specific term, declaring that any trademark and registration certificates issued in favour of Boman Irani would be invalid. Furthermore, because Ideal Jawa is under liquidation, all of its trademarks will stay in the custody of the court.
The court ruled that Classic Legends and Boman Irani must pay Ideal Jawa the profits made from utilising the Yezdi trademarks. The judge, SR Krishna Kumar, has directed the Registrar of Trademarks in Mumbai, New Delhi, and Ahmedabad to cancel all connected registrations through the official liquidator, who will also get Rs. 10 lakh from Boman Irani and Classic Legends.
The Justice stated that Boman Irani and his father, Rustom Irani, had no rights to the Ideal Jawa Company’s trademark, which had been registered and used since 1969. The court order is directed to be placed in abeyance for one month due to a request from a senior counsel. The restricted parties or anybody acting on their behalf are not permitted to utilise the Yezdi or any connected trademark.
“The only option to secure a trademark right is to simply apply for registration of the mark without reference to the corporation,” the judge said. Boman Irani has done this. His conduct in seeking registration of the mark is obviously blameworthy,”.
The court fined Boman Irani for independently requesting trademark approval “without the agreement of the court.”
Except for the official liquidator, no one can seek for registration of the Yezdi trademark in any form. It will not be permitted by the Registrar of Trademarks in any of its offices without the authorization of the court. The trademark registration granted to Boman Irani and Classic Legends is being challenged by the Ideal Jawa Employees Union and the Official Liquidator.
The Yezdi brand made a resurgence early this year through Classic Legends, and it now sells Yezdi Roadster, Adventure, and Scrambler models at the same dealerships as the Jawa brand.
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