Bombay HC Proposes Mediation Between Brothers Over 'Lodha' Trademark Dispute

Mumbai: Observing that it was a primarily a dispute between two brothers, the Bombay High Court on Monday suggested that brothers Abhishek Lodha and Abhinandan Lodha try to amicably resolve their issue over the use of "Lodha" trademark.

Abhishek Lodha- promoted Macrotech Developers Ltd has filed a suit, early this month, against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha (HoAL), claiming that the name 'Lodha' was their trademark and no one else could use it. The suit sought Rs5,000 Cr in damages from HoAL. Macrotech had filed an interim application seeking a perpetual injunction against the defendants from infringing its trademark “Lodha”.

During the hearing on Monday, Justice Arif Doctor said since the dispute was primarily between two brothers and the possibility of amicable resolution should be attempted. “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?” he asked.

The judge asked Macrotech and HoAL to inform on Tuesday whether they were willing to resolve the matter by way of mediation. If the parties were agreeable then the court said that it would appoint a former chief justice as mediator and an endeavour shall be made to complete the proceedings as expeditiously as possible.

Macrotech’s counsel Darius Khambata submitted that the plaintiff company was the registered proprietor of the trademark "Lodha" and hence it was the aggrieved party.

However, the court noted that the genesis appears to be from the dispute between the brothers. “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 resolution,” Justice Doctor remarked.

Macrotech’s suit contends that it is the flagship company of the Lodha Group, a leading real estate developer established in the early 1980s, offering properties under the ‘Lodha’ brand. The company claimed ownership of the ‘Lodha’ trademark and other related registered trademarks.

The Lodha brothers, sons of BJP leader and Maharashtra minister Mangal Prabhat Lodha, who was re-elected from Malabar Hill, had an internal agreement until 2015 allowing all companies within the group to use the trademark. Abhinandan separated from the group that year 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.

Macrotech, however, 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 trademark.