Yezdi Trademark Returned: Karnataka High Court Rules in Favour of Boman Irani, Classic Legends
A Division Bench of the Karnataka High Court has declared that Ideal Jawa (India) Ltd. had "abandoned" the use of the trademark "Yezdi" as a word or a device because the company had neglected to renew its registration for more than 15 years. As a result, the trademark has been restored in favour of Boman R. Irani of Rustomjee Group, Classic Legends Pvt. Ltd., which was incorporated by Irani and Mahindra & Mahindra. According to the Bench, once a trademark is abandoned, it becomes available in the public domain, where it can be stopped right away.
This gives these individuals better rights to the mark compared to the former registered owner who abandoned it because of action or inaction. The Bench, which was made up of Justices D.K. Singh and Venkatesh Naik T., issued the order while overturning a single judge's decision from December 26, 2022, that had prohibited Mr. Boman Irani, Classic Legends, and others from using the trademark "Yezdi."
Trademark War
According to the Bench, Ideal Jawa had halted motorcycle manufacture under this name since 1996, and the firm was ordered to wind up in 2001. In 2006, the company's assets were sold through the OL for about 26.7 crore. The Bench further observed that despite the trademark office serving notices, the OL failed to renew the trademarks' registration, which expired between 2007 and 2013.
The sole judge granted the appeals filed in 2020 by the Ideal Jawa Employees' Association and the Official Liquidator (OL) of Ideal Jawa, which was wound up in 2001, against the Registrar of Trademarks' decision to issue Mr Boman Irani the "Yezdi" mark. The Bench rendered the decision while granting Mr Irani's and Classic Legends' appeals against the single judge's decision. The Bench noted that all of the company's records had been turned over to the OL in 2001 and stated that the OL's failure to seize the company's assets and use his authority to renew the trademark would amount to trademark abandonment.
History of the Trademark Yezdi
According to the report, Mr Boman Irani's father, Rustom S. Irani, moved to India from Yezdi, Persia (now Iran), and Mr Rustom Irani, a founding member, principal shareholder, and managing director of Ideal Jawa, began producing motorcycles under the "Yezdi" brand after obtaining a licence from Mr Irani.
Ten years after Ideal Jawa closed, Mr Boman Irani registered the trademark in his favour between 2013 and 2015. In 2015, Classic Legends, of which he was a director, was formed. In 2022, the Classic Legends introduced a new motorcycle to the market under the "Yezdi" brand. In 1998, Mr Boman Irani launched a website, www.yezdi.com, in an effort to revitalise the brand, and his family controls multiple businesses under the Yezdi moniker.
|
Quick Shots |
|
•Karnataka High Court restores ‘Yezdi’ trademark to
Boman R. Irani and Classic Legends Pvt. Ltd. •Court rules that Ideal Jawa abandoned the Yezdi
trademark by failing to renew it for over 15 years. •Trademark deemed to have entered the public domain,
giving Irani and Classic Legends stronger rights. •Ideal Jawa had stopped Yezdi motorcycle production
in 1996; company ordered to wind up in 2001. |
Must have tools for startups - Recommended by StartupTalky
- Convert Visitors into Leads- SeizeLead
- Website Builder SquareSpace
- Manage your business Smoothly Google Business Suite