Bombay High Court Suggests Lodha Brothers Resolve Trademark Dispute Amicably
The Bombay High Court has advised Abhishek and Abhinandan Lodha to attempt an amicable resolution over the 'Lodha' trademark dispute. The court suggested mediation, emphasizing that the case primarily involves two brothers.
Trademark DisputeBombay High CourtAbhishek LodhaAbhinandan LodhaMacrotech DevelopersReal Estate MumbaiJan 27, 2025
The high court, while hearing an interim application filed by Macrotech Developers Ltd, expressed the hope that the brothers could work out a mutually agreeable solution to avoid further legal complications.
Macrotech Developers, headed by Abhishek Lodha, filed a lawsuit against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, earlier this month.
The suit claims that 'Lodha' is their trademark and that no one else has the right to use it.
Macrotech Developers is seeking Rs 5,000 crore in damages from Abhinandan Lodha's company and also requested a perpetual injunction to prevent the defendants from infringing their trademark 'Lodha'.
Justice Arif Doctor, while hearing the application, highlighted that the dispute was primarily between two brothers and asked if any effort had been made to resolve it amicably.
He suggested that the parties concerned—Macrotech Developers, Abhinandan Lodha, and Abhishek Lodha—inform the court by the next day if they were willing to resolve the matter through mediation.
The court proposed appointing a former chief justice or a retired Supreme Court judge as the mediator to expedite the proceedings.
Senior counsel Darius Khambata, representing Macrotech Developers, argued that the plaintiff company is the registered proprietor of the trademark 'Lodha' and is, therefore, the aggrieved party.
However, the high court noted that the dispute's genesis lies in the brothers' relationship.
Justice Doctor emphasized, 'If the dispute between the brothers is resolved, then would it not put to rest everything else? There has to be some effort made for a resolution.'
The Lodha brothers, sons of BJP leader and Maharashtra cabinet minister Mangal Prabhat Lodha, had previously reached a settlement in 2015.
Macrotech Developers, the flagship company of the Lodha Group, is a leading real estate developer founded in the early 1980s.
The company offers residential and commercial properties under the brand name Lodha and claims to be the proprietor of the trademark 'Lodha' and various other registered trademarks containing the name.
Until 2015, an internal agreement allowed all companies in the Lodha Group to use the trademark.
However, it was decided that Abhinandan Lodha would separate from the Lodha Group and start his own business.
The terms of separation were recorded in a Family Settlement Agreement in March 2017 and another agreement in 2023, which stated that the defendant's venture would be called The House of Abhinandan Lodha.
Macrotech Developers argued that they were not part of the 2023 agreement and were not bound by its terms.
Abhishek Lodha, who heads Macrotech Developers, claimed that the 'Lodha' brand name has been built over the last four decades, with the company spending Rs 1,700 crore on brand-building in a decade alone.
Over the last decade, Macrotech's domestic property sales have reached Rs 91,000 crore.
The suit also highlighted the considerable time, effort, and money spent on building the brand through advertisements and endorsements, making it renowned across India and abroad.
The House of Abhinandan Lodha is part of Lodha Ventures, a company established by Abhinandan Lodha after he left Macrotech Developers (formerly Lodha Developers).
The ongoing dispute over the 'Lodha' trademark has significant implications for both the brothers and their respective businesses, and the court's suggestion to resolve the matter amicably could pave the way for a more harmonious future.
Frequently Asked Questions
What is the main issue in the dispute between the Lodha brothers?
The main issue is the use of the 'Lodha' trademark, with Macrotech Developers, headed by Abhishek Lodha, claiming exclusive rights to the name and seeking Rs 5,000 crore in damages from Abhinandan Lodha's company.
What did the Bombay High Court suggest to resolve the dispute?
The Bombay High Court suggested that the Lodha brothers try to resolve the dispute amicably and consider mediation, possibly with a former chief justice or retired Supreme Court judge as the mediator.
What is the history of the Lodha Group?
The Lodha Group is a leading real estate developer founded in the early 1980s. It offers residential and commercial properties under the brand name Lodha and has spent considerable time and money building its brand over the years.
What was the outcome of the 2015 settlement between the Lodha brothers?
In 2015, the Lodha brothers reached a settlement, and it was decided that Abhinandan Lodha would separate from the Lodha Group and start his own business, The House of Abhinandan Lodha.
What is the significance of the 'Lodha' brand in the real estate market?
The 'Lodha' brand commands significant goodwill and has been built over four decades. Macrotech Developers has spent Rs 1,700 crore on brand-building in a decade alone, and the brand is renowned across India and abroad.
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