BENGALURU: Criticising the conduct of Boman R Irani of Rustomjee Group for obtaining the Yezdi trademark of the Ideal Jawa (India) Ltd, when it is under liquidation, the Karnataka High Court restrained Irani and Classic Legends Pvt Ltd, and any others from using the trademark Yezdi or any other mark containing the word Yezdi as a word or a device whether independently or in conjunction with other words including all domain names which use the word/mark Yezdi.
An application was filed by the official liquidator and the Ideal Jawa Employees Association against the grant of Yezdi to Irani. Justice SR Krishna Kumar observed that Irani could not have obtained registration of the marks Yezdi when it is winding up. Irani’s conduct in obtaining registration is in bad faith and amounts to the misappropriation of the company’s assets. All trademark and registration certificates issued by the Registrar of Trademarks, Mumbai, Delhi and Ahmedabad in favour of Irani are null and void, said the judge, while keeping the order in abeyance for one month.
Directing Irani and Classic Legends Pvt Ltd each to pay Rs 10 lakh to the official liquidator towards the cost of utilisation and distribution in process of winding up the company, the court said both Irani and Classic Legends are liable to account and pay to the Ideal Jawa for all claims made from the use of the trademarks of the Jawa.
The court directed the official liquidator to appoint a reputed chartered accountant to determine the benefit accrued to Irani and Classic Legends from the Jawa trademark. If there is any application pending for registration by Irani or Classic Legends or any person claiming through or under them it shall be closed by the Registrar of Trademarks of Ahmedabad, Mumbai and New Delhi and no grant or registrations shall be made against such applications.