The original Yezdi trademark was owned by the now-defunct Ideal Jawa India Pvt. Ltd. Co.
Yezdi has been an iconic name in the Indian motorcycling scene since more than five decades now and was revived with modern machinery, derived from sister brand Jawa (both of which are under the Classic Legends umbrella), earlier this year. However, the Karnataka HC has found the ownership of the Yezdi name to be under the ownership of the defunct Ideal Jawa India Pvt. Ltd. Co. (which is currently under liquidation) and hence the Yezdi name cannot be used on the new bikes as it falls under the purview of the Liquidator’s office.
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Co-founder Boman Irani and Classic Legends ordered to pay a Rs 10 lakh fine each
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Yezdi name stopped from being used on all products within 30 days, until further notice
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Classic Legends will appeal this decision in the concerned higher court
Yezdi trademark ownership: details
When the Ideal Jawa India Co. Pvt. Ltd. went defunct back in 1996, it still owned the rights to the Yezdi trademark. The trademark then was a part of the domain of the Liquidator’s office as like all other assets of the Ideal Jawa India Pvt. Ltd. Thus, the ownership of the Yezdi name lies solely with the Liquidator’ office and couldn’t have been obtained by any party until all pending dues of the Ideal Jawa India Co. Pvt. Ltd have been cleared.
Coming to the Ideal Jawa Employees Association, which claim that their dues haven’t yet been settled and hence the funds raised from the sale of all assets of the Ideal Jawa Co. Pvt. Ltd. must be used to settle all pending dues.
The Karnataka HC 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 (Official Liquidator).
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 realize the dues of the creditors including the employees who have been waiting to get their dues for several decades.
This has led to an imposition of a fine of Rs 10 lakh each on both, Boman Irani and Classic Legends, as well as given them 30 days to stop all operations which concern the usage of the Yezdi brand name (motorcycles or otherwise).
When we contacted Classic Legends, the response we received regarding the matter was, “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.”