Bombay High Court Suggests Mediation in trademarks Dispute Between Lodha Brothers
The Bombay High Court has recommended that Abhishek Lodha and Abhinandan Lodha, two prominent real estate developers, mediate their dispute over the 'Lodha' trademark. The court believes an amicable resolution is possible between the brothers.
Trademark DisputeBombay High CourtLodha BrothersReal EstateMediationReal Estate MumbaiJan 27, 2025
The court observed that the issue primarily involves the two brothers and that efforts should be made to amicably settle the matter.
Early this month, Abhishek Lodha-promoted Macrotech Developers Ltd.
filed a suit against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha (HoAL).
Macrotech claimed that the name 'Lodha' was their trademark, and no one else had the right to use it.
The suit sought Rs 5,000 crore in damages from HoAL and an interim application for a perpetual injunction against the defendants from infringing on the 'Lodha' trademark.
During the hearing on Monday, Justice Arif Doctor emphasized the importance of an amicable resolution.
He noted, “Ultimately, it appears to be a dispute between two brothers.
The genesis appears to be between the two brothers.
Has some effort been made to sit down and resolve it?” The judge asked both parties to inform the court by Tuesday whether they were willing to resolve the matter through mediation.
If the parties agreed, the court said it would appoint a former chief justice as the mediator and aim to complete the proceedings as quickly as possible.
Macrotech’s counsel, Darius Khambata, submitted that the plaintiff company was the registered proprietor of the 'Lodha' trademark and thus was the aggrieved party.
However, the court pointed out that the dispute's roots lie in the brothers' personal issues.
Justice Doctor remarked, “If the dispute between the brothers is resolved, would it not put to rest everything else? There has to be some effort made for resolution.”
Macrotech, the flagship company of the Lodha Group, is a leading real estate developer established in the early 1980s.
The company offers properties under the 'Lodha' brand and claims ownership of the 'Lodha' trademark and other related registered trademarks.
The Lodha brothers, sons of BJP leader and Maharashtra minister Mangal Prabhat Lodha, had an internal agreement until 2015 that allowed all companies within the group to use the trademark.
Abhinandan separated from the group in 2015 to launch his own business.
The terms of separation were formalized in a 2017 Family Settlement Agreement and a subsequent agreement in 2023, under which Abhinandan’s venture was named House of Abhinandan Lodha.
However, Macrotech asserted that it was not part of the 2023 agreement and is not bound by its terms.
The company stated that it had never granted permission to Abhinandan’s firm to use the 'Lodha' trademark.
The Lodha Group, established in the early 1980s, is a leading real estate developer in India.
The group has a strong presence in Mumbai and other major cities, known for its premium residential and commercial projects.
Macrotech Developers Ltd., the flagship company, has been at the forefront of the group’s growth and success.
House of Abhinandan Lodha, on the other hand, is a relatively new entrant in the real estate market.
Abhinandan Lodha has been making strides in the industry, focusing on innovative and customer-centric projects.
The company’s decision to use the 'Lodha' name has sparked the current legal battle.
As the dispute continues, the Bombay High Court’s suggestion for mediation underscores the importance of finding a mutually beneficial solution.
The court’s approach emphasizes the need for brothers to resolve their differences amicably, rather than engaging in a prolonged and costly legal battle.
Frequently Asked Questions
What is the main issue in the dispute between Abhishek Lodha and Abhinandan Lodha?
The main issue is the use of the 'Lodha' trademark. Abhishek Lodha's Macrotech Developers Ltd. claims exclusive rights to the name, while Abhinandan Lodha's House of Abhinandan Lodha is also using it.
What did the Bombay High Court suggest to resolve the dispute?
The Bombay High Court suggested that the brothers try to resolve the issue through mediation, with the possibility of appointing a former chief justice as the mediator.
What does Macrotech Developers Ltd. want from the lawsuit?
Macrotech Developers Ltd. is seeking Rs 5,000 crore in damages and a perpetual injunction against House of Abhinandan Lodha from using the 'Lodha' trademark.
When did the Lodha brothers separate their business interests?
The Lodha brothers separated their business interests in 2015, and the terms of separation were formalized in a 2017 Family Settlement Agreement and a subsequent agreement in 2023.
Who is the father of the Lodha brothers?
The father of the Lodha brothers is BJP leader and Maharashtra minister Mangal Prabhat Lodha, who was re-elected from Malabar Hill.
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