The Karnataka High Court has restrained Classic Legends Private Limited and its Co-founder Boman Irani and any others from using the ‘Yezdi’ trademark, or any other mark containing the word ‘Yezdi.’ The High Court declared that Ideal Jawa (India) Limited, which is under liquidation, is the owner of ‘Yezdi’ brand and that the trademarks of the company remain in custodia legis of the court as it is dealing with the liquidation proceedings initiated through the Official Liquidator.
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The court has banned use of the trademark ‘Yezdi’ ruling that this word is owned by Ideal Jawa (India) Limited, the earlier company which used to produce and sell Yezdi motorcycles till the mid 1990s, and which went into liquidation.
Ideal Jawa (India) Limited, the company which used to manufacture and market the Yezdi brand of motorcycles earlier, went into liquidation and was ordered to be liquidated in 1996. This is around the same time production and sales of the 250 cc two-stroke Yezdi motorcycles was ceased, and all assets of the company came to be vested with the Official Liquidator.
The Karnataka High Court has restrained both Classic Legends Private Limited and its co-founder Boman Irani from using the ‘Yezdi’ name. The court has also fined Irani and Classic Legends Rs. 10,00,000 each.
The court restrained both Boman Irani and Classic Legends Private Limited, a subsidiary of Mahindra & Mahindra, or “any person claiming through or under them from using the 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/mark ‘Yezdi’.”
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The Karnataka High Court has declared all trademark registration certificates issued in favour of Boman Irani for use of the Yezdi name as null and void.
The court declared as null and void, all trademark registration certificates issued by the 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.
The Ideal Jawa Employees Association had filed a separate application to stay the registrations granted by the trademark registrar so that these marks could be sold in order to realise the dues of the creditors including the employees who have been waiting to get their dues for several decades.
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Classic Legends launched the Yezdi motorcycle brand in January 2022 with three models.
The Yezdi motorcycle brand was re-launched in January 2022 by Classic Legends Private Limited, a subsidiary of Mahindra and Mahindra, and a licensee of Boman Irani. The court slammed both Irani and Classic Legends, questioning their conduct and has also imposed costs of Rs. 10,00,000 each to be utilised towards the costs and distribution to be made in the process of winding up of Ideal Jawa (India) Limited.
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Classic Legends says that it will appeal the decision of the court, and is seeking legal advice on the matter.
Car&bike reached out to Classic Legends Private Limited and the company says it will file an appeal against the decision, and is seeking legal advice on the matter.
"The order is held in abeyance and the company is seeking legal advice on the matter. The company will be filing an appeal against the order shortly and is optimistic of securing favourable relief. In the interim, manufacturing and sale of motorcycles will continue, subject to orders of the Appellate Court," Classic Legends Private Limited has said in a statement.
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The re-launched Yezdi motorcycle brand currently has three models on sale and is retailed through common dealerships which house both Jawa and Yezdi motorcycles. Although the registered company is Classic Legends Private Limited, the company has, in recent times, used the term “Jawa Yezdi Motorcycles” as the name for its motorcycle business in India. Classic Legends has also re-launched the BSA motorcycle brand in the UK.
