Abhishek Lodha Files ₹5,000 Cr Trademark Suit Against Abhinandan Lodha

Abhishek Lodha Files ₹5,000 Cr Trademark Suit Against Abhinandan Lodha

The trademark dispute between real estate moguls Abhishek Lodha and Abhinandan Lodha has intensified with Abhishek Lodha’s company, Macrotech Developers, filing a ₹5,000 crore lawsuit against Abhinandan's firms over allegations of trademark infringement. The lawsuit, filed before the Bombay High Court, accuses Abhinandan’s companies of unlawfully using the 'Lodha' and 'Lodha Group' brand names.

The case was initially listed before single-judge Justice Manish Pitale on Tuesday but was moved to a larger bench after it was argued that the case involved damages exceeding ₹100 crores, which fell outside the jurisdiction of the single-judge bench. Justice Pitale acknowledged the issue and allowed the petitioners to approach the appropriate bench.

Later, the matter was mentioned before Justice Arif Doctor, who agreed to hear the case on January 27.

The dispute dates back to 2015, when the Lodha brothers decided to part ways. Abhinandan founded House of Abhinandan Lodha, while Abhishek continued to manage the family’s real estate business under Macrotech. Their separation was formalized in a family settlement agreement in March 2017, which granted Abhishek control over the real estate business and stipulated that all intellectual property rights, including trademarks, related to real estate would remain with Macrotech.

The agreement also included a non-compete clause, preventing Abhinandan from engaging in real estate activities in the Mumbai Metropolitan Area for five years and in Greater London for specified periods. However, due to non-compliance by Abhinandan, a new agreement was entered into in December 2023, reaffirming restrictions on using names similar to or leading with 'Lodha,' including 'Lodha Ventures.'

Despite these agreements, Macrotech alleges that Abhinandan’s firms have deliberately infringed upon its well-known and registered 'Lodha' trademark. In September 2024, Macrotech formally requested Abhinandan’s company to cease using the 'Lodha' name and issue disclaimers indicating no association with Macrotech’s business. However, in a response on October 25, 2024, Abhinandan admitted to using the name ‘Lodha Ventures’ but failed to deactivate certain domain names previously flagged by Macrotech as infringing on its trademark rights.

Macrotech claims that Abhinandan’s companies have continued to use the 'Lodha' name in a manner that misleads consumers into believing there is an association with Macrotech’s business. The petition states that despite having no legal right to use the 'Lodha' trademark, Abhinandan’s firms have deliberately registered similar marks, including under Class 36 and 37, the same classes in which the 'Lodha' trademarks are registered.

Macrotech has sought several legal remedies, including a permanent injunction restraining Abhinandan's entities, directors, shareholders, and associates from using the 'Lodha' trademark or any marks likely to cause confusion with Macrotech’s registered trademarks. The company has also requested an injunction preventing the defendants from offering services that could confuse consumers into believing they are linked to Macrotech’s business.

Additionally, Macrotech is seeking ₹5,000 crores in damages for the alleged infringement and passing off, along with the disclosure of the defendants' business operations, assets, and bank accounts. The company has also requested the destruction of any materials bearing the infringing trademarks.

The legal battle continues as Macrotech seeks to protect its intellectual property rights and prevent further infringement by Abhinandan’s companies.