Fri. Apr 23rd, 2021

Boman R Irani vs Rashid Ahmad Mirza & Ors on 17 April, 2017

2 min read

2. Summons of the suit and notice of the application for interim relief

were issued.

3. Defendant no.6 MIL has filed a written statement and which has been

adopted on behalf of the defendants no.1 to 5 also without prejudice to their

plea that they are neither necessary nor proper parties to the suit.

4. The counsels were heard on 27th September, 2016 on the application

for interim injunction and orders reserved.

CS(COMM) No.1021/2016 Page 1 of 12
5. It is the case of the plaintiff (i) that Mr. Rustom Irani, father of the

plaintiff, adopted the trademark ‘YEZDI’, (reference hereafter to

‘YEZDI’ be read as inclusive of logo) and commenced using the mark from

the year 1969 onwards in relation to motorcycles through a permitted user to

a company promoted by Mr. Rustom Irani by the name of Ideal Jawa (India)

Pvt. Ltd. (IJIPL) and of which Mr. Rustom Irani was the principal

shareholder; (ii) Mr. Rustom Irani was originally from the province named

Yazd in Iran and adopted the mark ‘YEZDI’ from the name of the said

province in Iran; (iii) after the demise of Mr. Rustom Irani, the brand

‘YEZDI’ devolved on the plaintiff who continued to allow the permitted use

of the said brand to IJIPL which continued to be a family controlled

company; (iv) the first ‘YEZDI’ branded motorbike was launched in the year

1968 and made a niche for itself in the country; (v) though the

manufacturing of ‘YEZDI’ branded bikes stopped in the year 1996, the

goodwill and reputation which the brand created for itself in the said period

of time has continued to subsist; (vi) the plaintiff as of today also owns a

website dedicated to the brand ‘YEZDI’ being which

continues to advertise and promote the ‘YEZDI’ brand in India since 1998;

Source: Indian Kanoon

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