Recently, Karnataka High Court announced a verdict which has prohibited Classic Legends from using the ‘Yezdi’ trademark and branding for its range of motorcycles, citing a trademark breach. However, for those who are having a misconception that the Yezdi brand has been killed, we have got a clarification for you. Classic Legends has cleared the air around the use of the Yezdi trademark, and it has confirmed that the sales and existence of the Yezdi brand of motorcycles will continue for the time being.
In its clarification post the court’s verdict, Classic Legends has said that the production and sales of Yezdi motorcycles and the use of the Yezdi trademark will continue and is ‘subject to order of the Appellate Court’. What that means is Classic Legends will challenge the verdict announced by the Karnataka High Court in a hope of getting a favourable decision.
Case filed by Ideal Jawa Employees
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A few days ago, the High Court of Karnataka ruled out a verdict against a trademark breaching case filed by Ideal Jawa Employees Association. The court ordered Classic Legends not to use the ‘Yezdi’ trademark any further, as the right to use it still belongs to the now-liquidated Ideal Jawa India Pvt Ltd. According to the court, the ‘Yezdi’ trademark belongs to the official liquidator (OL) of Ideal Jawa.
Originally, the ‘Yezdi’ trademark was established by Ideal Jawa (India) Pvt Ltd, when it came into existence in 1960. The trademark for ‘Yezdi’ was filed by Ideal Jawa in 1969. After Ideal Jawa began to lose its glory in the 1980s, it decided to end its existence and operations in 1991 after suffering from losses. For the winding process, an OL was appointed in 2001.
While the liquidation process of Ideal Jawa was going on, the ‘Yezdi’ trademark was lapsed and removed by the Trademark Registry, after which it was reportedly picked by Boman R. Irani. The ‘Yezdi’ trademark was registered by Mr Irani in the trademark offices in Mumbai, Delhi and Ahmedabad. In all these years, there was no claimant of the ‘Yezdi’ trademark apart from Mr Irani, as it hardly held any financial value in all these years. However, the case has heated once again, as the ‘Yezdi’ brand now holds a decent financial worth.
While the current ruling ordered by Karnataka High Court favours Ideal Jawa Employees Association, Classic Legends will be challenging the verdict issued as per legal recourse suggested by their lawyers. The court has given one month as an abeyance duration, which allows Classic Legends to file a fresh challenge against the order.
For the time being, the sales and production of Yezdi motorcycles will continue, which is likely to continue even after the deadline of the abeyance order, since both parties are likely to have an out-of-court settlement. However, for the time being, both Mr Irani and Classic Legends have been ordered to pay Rs 10 lakh to the OL for winding up the operations of Ideal Jawa.
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