Bombay High Court Urges Lodha Brothers to Resolve Trademark Dispute Amicably
The Bombay High Court has urged brothers Abhishek and Abhinandan Lodha to settle their legal dispute over the use of the 'Lodha' trademark through mediation. The court highlighted the familial ties and the potential for a peaceful resolution. Macrotech De
Lodha BrothersTrademark DisputeBombay High CourtReal EstateMediationReal EstateJan 27, 2025
The Bombay High Court, presided over by Justice Arif Doctor, has suggested that the brothers attempt to resolve their dispute amicably through mediation.
This proposal emphasizes the familial nature of the conflict and the potential for a peaceful resolution.
Abhishek Lodha, the head of Macrotech Developers Limited, has filed a Rs 5,000 crore intellectual property rights (IPR) suit against his brother, Abhinandan Lodha, and his real estate firm, House of Abhinandan Lodha.
The lawsuit alleges that the 'Lodha' trademark belongs to Macrotech Developers and seeks a permanent injunction against Abhinandan's company from using it.
Justice Arif Doctor, during the hearing, pointed out the familial nature of the dispute and suggested mediation.
'This appears to be a dispute between two brothers.
Has any effort been made to resolve it amicably?' the judge remarked.
The court has proposed assigning a former chief justice or retired Supreme Court judge as a mediator if the brothers agree to this course of action.
Senior counsel Darius Khambata, representing Macrotech Developers, argued that the company is the registered proprietor of the 'Lodha' trademark and is the aggrieved party in the case.
The court, however, noted that resolving the brothers' differences could help address the larger conflict.
The 'Lodha' trademark has been a cornerstone of the Lodha Group's identity since the 1980s.
Macrotech Developers claims to have invested Rs 1,700 crore in brand-building over the past decade, with domestic property sales exceeding Rs 91,000 crore between FY 2013-14 and FY 2023-24.
The company emphasizes that the 'Lodha' name, built over four decades, commands significant goodwill both domestically and internationally.
The dispute stems from a 2015 decision when Abhinandan Lodha separated from the Lodha Group to start his own venture, House of Abhinandan Lodha.
Family settlement agreements in 2017 and 2023 established his company's name, but Macrotech Developers alleges that it was not a party to the 2023 agreement and never granted permission for the use of the 'Lodha' trademark.
Abhishek Lodha asserts that the 'Lodha' name, built over four decades, commands significant goodwill and emphasizes the group's extensive investment in advertising and its reputation as a leading real estate developer.
The court has asked both parties to confirm by Tuesday if they are willing to pursue mediation.
Pending resolution, the court will continue to hear the case.
Information
Macrotech Developers Limited, founded by Mangal Prabhat Lodha, is one of the leading real estate developers in India.
The company has a strong presence in various cities, including Mumbai, and has undertaken numerous high-profile projects.
The 'Lodha' brand has been a significant part of the company's identity, contributing to its success and reputation in the real estate sector.
FAQs
1.
What is the core of the legal dispute between the Lodha brothers?
The core of the legal dispute is the ownership and use of the 'Lodha' trademark.
Abhishek Lodha's company, Macrotech Developers, claims that the 'Lodha' trademark belongs to them and seeks to prevent Abhinandan Lodha's company from using it.
2.
What is the proposed solution by the Bombay High Court?
The Bombay High Court has suggested that the brothers attempt to resolve their dispute amicably through mediation.
The court has proposed appointing a former chief justice or retired Supreme Court judge as a mediator.
3.
What is the significance of the 'Lodha' trademark?
The 'Lodha' trademark has been a cornerstone of the Lodha Group's identity since the 1980s.
Macrotech Developers has invested significantly in building the brand, and the 'Lodha' name commands significant goodwill both domestically and internationally.
4.
What is the history behind the dispute?
The dispute stems from a 2015 decision when Abhinandan Lodha separated from the Lodha Group to start his own venture, House of Abhinandan Lodha.
Family settlement agreements in 2017 and 2023 established his company's name, but Macrotech Developers claims it was never a party to the 2023 agreement.
5.
What are the next steps in the legal process?
The court has asked both parties to confirm by Tuesday if they are willing to pursue mediation.
If they agree, a mediator will be appointed to help resolve the dispute.
If not, the court will continue to hear the case until a resolution is reached.
Frequently Asked Questions
What is the core of the legal dispute between the Lodha brothers?
The core of the legal dispute is the ownership and use of the 'Lodha' trademark. Abhishek Lodha's company, Macrotech Developers, claims that the 'Lodha' trademark belongs to them and seeks to prevent Abhinandan Lodha's company from using it.
What is the proposed solution by the Bombay High Court?
The Bombay High Court has suggested that the brothers attempt to resolve their dispute amicably through mediation. The court has proposed appointing a former chief justice or retired Supreme Court judge as a mediator.
What is the significance of the 'Lodha' trademark?
The 'Lodha' trademark has been a cornerstone of the Lodha Group's identity since the 1980s. Macrotech Developers has invested significantly in building the brand, and the 'Lodha' name commands significant goodwill both domestically and internationally.
What is the history behind the dispute?
The dispute stems from a 2015 decision when Abhinandan Lodha separated from the Lodha Group to start his own venture, House of Abhinandan Lodha. Family settlement agreements in 2017 and 2023 established his company's name, but Macrotech Developers claims it was never a party to the 2023 agreement.
What are the next steps in the legal process?
The court has asked both parties to confirm by Tuesday if they are willing to pursue mediation. If they agree, a mediator will be appointed to help resolve the dispute. If not, the court will continue to hear the case until a resolution is reached.
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