Bombay High Court Advised Lodha Brothers To Consider Mediation In Ongoing Trademark Dispute

The Bombay High Court on Monday recommended that the Lodha brothers, who are involved in a prolonged trademark dispute,;

By: :  Anjali Verma
Update: 2025-01-27 14:00 GMT
Bombay High Court Advised Lodha Brothers To Consider Mediation In Ongoing Trademark Dispute
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Bombay High Court Advised Lodha Brothers To Consider Mediation In Ongoing Trademark Dispute

The Bombay High Court on Monday recommended that the Lodha brothers, who are involved in a prolonged trademark dispute, consider mediation to settle the matter. Justice Arif Doctor suggested that, given the familial nature of the conflict, mediation could prove helpful in resolving the issue.

The court asked whether any efforts had been made to settle the dispute between the two brothers, Abhishek Lodha and Abhinandan Lodha. The Court directed Macrotech Developers, led by Abhishek Lodha, to inform the Court by the next day whether they would be open to mediation. If both parties agree, the Court indicated its intention to appoint a former Chief Justice or a mutually agreed mediator to facilitate the process.

The origins of the dispute date back to 2015, when the Lodha brothers decided to part ways. Abhinandan Lodha then established House of Abhinandan Lodha, while Abhishek Lodha continued managing the family’s real estate business under Macrotech. In a 2017 family settlement, it was decided that Abhinandan would focus on a non-real estate venture, while Macrotech retained control of the real estate operations and the intellectual property associated with the 'Lodha' name.

The settlement also included a non-compete clause preventing Abhinandan from engaging in real estate activities in specified regions, including the Mumbai Metropolitan Area and Greater London. Despite this agreement, Macrotech has alleged that Abhinandan’s companies, including 'House of Abhinandan Lodha,' have continued using the 'Lodha' name, violating the terms of the settlement.

Macrotech has filed a lawsuit to stop the use of the 'Lodha' trademark and is seeking ₹5,000 crores in damages, citing confusion among consumers and trademark infringement.

During the hearing, Senior Advocate Darius Khambata, representing Macrotech, expressed openness to mediation but emphasized the importance of a time-bound resolution. He also called for interim protection, given the involvement of a listed company and its shareholders, highlighting that the issue went beyond just a family dispute. Khambata pointed out that despite the 2017 settlement and a subsequent agreement in 2023, Abhinandan’s companies had continued using the 'Lodha' name.

In response, the defendants, Abhinandan Lodha’s companies, denied any unauthorized use of the trademark, asserting that 'House of Abhinandan Lodha' had been used prominently in their projects and registered since 2020. They also argued that they should not be held responsible for any misuse of the trademark by third parties.

The Court reiterated that resolving the family dispute could likely settle the trademark issue and once again suggested mediation as a viable solution.

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Anjali Verma

By: - Anjali Verma

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