Justice SR Krishna Kumar has stated that all the trademarks of Ideal Jawa, which is under liquidation, will remain with the court.
The court has also made Classic Legends liable to pay to Ideal Jawa all gains that have been made from the use of the Yezdi trademark. Irani and Classic Legends have been directed to pay Rs 10 lakh to the official liquidator. Boman Irani is one of the stakeholders in Classic Legends, which reintroduced motorcycle brands like Jawa and Yezdi.
However, the court kept this order in abeyance for one month for the limited purpose of enabling aggrieved parties to challenge it before the appellate forum. Classic Legends has said that the sale and production of motorcycles will not be stopped.
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“Mr. Irani could not have obtained registration of ‘Yezdi’ during the process of winding up. The conduct of Mr. Irani in obtaining registration of the marks is in bad faith and amounts to misappropriation of the assets of the company,” the court observed while pointing out that Ideal Jawa has not lost its right over the trademark by not renewing it, as the company is under liquidation.
Further to the recent Karnataka High Court order, Classic Legends Pvt Ltd had this to say in an official statement:
"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."
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Yezdi brand can't be used by Classic Legends, says HC: Company responds - Times of India
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