Declaring that Ideal Jawa (India) Ltd. had “abandoned” the usage of trademark “Yezdi”, as a word or a device, as the company had failed to renew registration of this trademark for over 15 years, a Division Bench of the High Court of Karnataka has restored this trademark in favour of Boman R. Irani of Rustomjee Group, Classic Legends Pvt. Ltd., incorporated by Mr. Irani and Mahindra & Mahindra.
“Once the trade mark is abandoned, the same would be available in the public domain, where it may be ceased immediately, providing such persons with superior rights to the mark as against the previous registered owner who has abandoned the mark due to action/inaction,” the Bench said.
The Bench, comprising Justice D.K. Singh and Justice Venkatesh Naik T., passed the order while setting aside the December 26, 2022, verdict of a single judge, who had restrained Mr. Boman Irani, Classic Legends and others from using trade mark “Yezdi”.
The single judge had allowed the pleas, made in 2020 by the Official Liquidator (OL) of Ideal Jawa, which was wound up in 2001, and the Ideal Jawa Employees’ Association, against the action of Registrar of Trademarks in granting “Yezdi” mark to Mr. Boman Irani. The Bench delivered the verdict while allowing the appeals filed by Mr. Irani and Classic Legends against the single judge’s verdict.
Trademark abandoned
The Bench held that the Ideal Jawa had stopped the trademark with stoppage of production of motorcycle under this brand since 1996, and the company was ordered to be wound up in 2001, and assets of the company was sold for around ₹26.7 crore through the OL in 2006.
The Bench also noted that the OL did not renew the registration of the trademarks, which expired between 2007 and 2013 though the trademark authority had served notices.
“The failure on the part of the OL to take control of the properties of the company and exercise his powers for renewal of the trademark would amount to abandonment of the trade mark,” the Bench said while noticing that all the records of the company came into the possession of the OL in 2001.
“When the trademarks had lapsed and abandoned for more than 15 years, it would be open to the third party, including Mr. Boman Irani, to use and register the trade marks,” observed the Bench while disagreeing with the single judge’s view that Mr. Irani got “Yezdi’ trademark registered in his name in 2013-14 “in bad faith and this amounted to misappropriation of the assets of the company”.
Background of Yezdi
It was stated that family of Rustom S. Irani, father of Mr. Boman Irani, migrated to India from the place Yezdi in Persia (now in Iran), and Mr. Rustom Irani, a founder-member, principal shareholder and Managing Director of the Ideal Jawa, started production of motorcycle with brand name “Yezdi” by taking licence from Mr. Irani.
Mr. Boman Irani, a decade after closure of Ideal Jawa, got the trademark registered in his favour during 2013-15 and Classic Legends, of which he was one of the directors, was incorporated in 2015. The Classic Legends launched a new motorcycle under “Yezdi” brand name in the market in 2022. His family owns several business in the name Yezdi, besides Mr. Boman Irani launching a website, www.yezdi.com in 1998 as an attempt to revive the brand.
Published – November 29, 2025 08:00 pm IST
