The Karnataka high court barred Classic Legends and Boman Irani from using the 'Yezdi' trademark. All trademark and registration certificates issued in favour of Boman Irani were invalid. Also because Ideal Jawa is in liquidation, the court will keep custody of all its trademarks.
The court ruled that Classic Legends and Boman Irani must pay Ideal Jawa the profits made from the use of the Yezdi trademarks. Judge SR Krishna Kumar has directed the Registrar of Trademarks in Mumbai, New Delhi, and Ahmedabad. They are to cancel all related registrations through the official liquidator. The liquidator will also receive Rs 10 lakh from Boman Irani and Classic Legends.
The Justice ruled that Boman Irani and his father, Rustom Irani, had no rights to the trademark. Ideal Jawa Company had registered and used it since 1969. The court order is directed to be held in abeyance for one month due to a request from a senior counsel. The restrained parties, or anyone acting on their behalf, are not permitted to use the Yezdi or any related trademark.
“The only way in which a trademark right can be obtained is by simply applying for registration of the mark without reference to the company. This has been done by Boman Irani. His conduct in obtaining registration of the mark is certainly blameworthy.” The court condemned Boman Irani for independently applying for the approval of the trademark “without obtaining the consent of the court”.
Except for the official liquidator, no one can apply for Yezdi trademark registration in any form. The Registrar of Trademarks will not allow it in any of its offices without the court's permission. Ideal Jawa Employees Union and the Official Liquidator are contesting the trademark registration granted to Boman Irani and Classic Legends.