While Karnataka High Court has banned Classic Legends from using Yezdi name, the company is seeking legal advice and will file an appeal shortly
At a time when Yezdi was just starting to gain traction, a court ruling has barred Classic Legends from using the ‘Yezdi’ trademark. In its order, the court said that the Yezdi trademark name remains the property of the official liquidator (OL) of Ideal Jawa. The case to ban the use of Yezdi trademark was filed by Ideal Jawa Employees Association.
These developments are a setback for Classic Legends, which has been tasked to resurrect legendary motorcycle brands. After Jawa debuted in 2018, the company had launched Yezdi motorcycles in January 2022. It currently has three bikes – Yezdi Roadster, Scrambler and Adventure.
End of Yezdi?
While enthusiasts may be a bit disappointed with legal developments, Classic Legends has assured that production and sales will continue. It will be “subject to order of the Appellate Court”. The company will be challenging the court order and is hopeful of getting a favourable resolution.
The case is a bit complicated, as it dates back to 1960 when Ideal Jawa (India) came into existence. Registration of Yezdi trademark was received in 1969. While Yezdi enjoyed its glorious days with a significant fan following, the company eventually started facing existential issues in the 1980s. As a result, the company decided to wind up operations in 1991. As part of the winding up process, an Official Liquidator was appointed in 2001.
As the company did not pay the necessary fee to renew the Yezdi trademark, it lapsed and was removed by the Trademark Registry. In parallel, other developments were taking place such as launch of Yezdi website in 1998. Later in 2013 and 2014, the Yezdi trademark was registered in trademark offices in Mumbai, Delhi and Ahmedabad. All these registrations were done by Mr. Boman Irani, who is the claimant of Yezdi trademark in this case.
Apparently, no one bothered to file a case at that time since Yezdi trademark had hardly any financial value associated with it in 2013. No one would have thought that Yezdi brand would be revived and gain popularity once again. Now that Yezdi brand has decent financial worth, its ownership is being claimed by two parties.
What happens next?
As per current court ruling, Ideal Jawa Employees Association stands to gain significantly. The court has ordered that Boman Irani and Classic Legends should pay the company for all the gains made via the use of Yezdi trademark. The Official Liquidator of Ideal Jawa has been directed to appoint a Chartered Accountant firm that can provide an estimate of the overall gains made by Mr. Irani and Classic Legends from use of Yezdi trademark.
Both Mr. Irani and Classic Legends have also been directed to pay Rs 10 lakh each to the Official Liquidator. The funds will be utilized for the winding up operations of Ideal Jawa. Classic Legends will be challenging the court order, as per legal recourse suggested by their lawyers. Meanwhile, Yezdi sales and production will continue, dependant on orders of the Appellate Court. It is possible that the matter may be resolved via an out-of-court settlement, as no one will benefit in case of a prolonged legal battle.
Source: Bike - rushlane.com
