Yezdi trademark does not belong to Boman Irani and Classic Legends, says High Court of Karnataka
The Hindu
Says name is owned by Ideal Jawa, which is under liquidation, and allows official liquidator to sell trademark through auction
The High Court of Karnataka has restrained Boman R. Irani of Rustomjee Group, and Classic Legends Pvt. Ltd., incorporated by Mr. Irani and Mahindra & Mahindra, and any others from using the trademark ‘Yezdi’ or any other mark containing the word ‘Yezdi’ as a word or a device, whether independently or in conjunction with other words, including all domain names which use the word or mark ‘Yezdi’.
Declaring that Ideal Jawa (India) Ltd., which is under liquidation, is the owner of ‘Yezdi’ (word and device) taken independently or in conjunction with other words, the court said that the trademarks of the company remain in custodia legis of the court as it is dealing with the liquidation proceedings, initiated in 1991 through the Official Liquidator (OL).
The court declared as null and void all trademark, registration certificates issued by Registrar of Trademarks, Mumbai, Delhi and Ahmedabad in favour of Boman Irani and directed the Trademark Registration Authority to transfer all such registrations to Ideal Jawa through the OL.
Justice S.R. Krishna Kumar passed the order recently while allowing applications filed by the OL and the Ideal Jawa Employees’ Association questioning the grant of ‘Yezdi’ to Boman Irani.
Order In abeyance for 1 month
However, the court kept this order in abeyance for one month for the limited purpose of enabling aggrieved parties to challenge it before the appellate forum.
‘In bad faith’