The Bombay High Court on Monday recommended that brothers Abhishek Lodha and Abhinandan Lodha seek an amicable resolution to their ongoing trademark dispute over the use of the ‘Lodha’ name in their respective real estate ventures. Justice Arif Doctor presided over the case, emphasizing the familial nature of the dispute and suggesting mediation as a potential solution.
The conflict arose earlier this month when Abhishek Lodha’s Macrotech Developers Ltd filed a lawsuit against Abhinandan Lodha’s company, House of Abhinandan Lodha, asserting exclusive rights to the ‘Lodha’ trademark. Macrotech Developers has claimed Rs 5,000 crore in damages, accusing the defendant of infringing on their trademark.
In court, Senior Counsel Darius Khambata, representing Macrotech Developers, argued that as the registered proprietor of the ‘Lodha’ trademark, his client holds legitimate grievances against any unauthorized use by other parties. The plaintiff company stressed its extensive investment in building the ‘Lodha’ brand, which they claimed involved spending Rs 1,700 crore over the past decade alone, leading to domestic property sales totaling Rs 91,000 crore.
Justice Doctor questioned whether efforts had been made by the parties to resolve the matter privately, given the personal relationship between the disputants. “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 inquired.
The High Court suggested that if both parties were open to mediation, it would appoint a retired Supreme Court judge or former chief justice to facilitate the process, aiming for a swift and effective resolution.
This legal battle traces its roots back to a 2015 settlement when the Lodha brothers, both sons of BJP leader and Maharashtra cabinet minister Mangal Prabhat Lodha, agreed on a business separation. According to the terms outlined in a Family Settlement Agreement in March 2017 and another in 2023, Abhinandan Lodha was to establish his venture, The House of Abhinandan Lodha, separate from the Lodha Group. However, Macrotech Developers maintains that it was not part of the 2023 agreement and did not consent to any use of the ‘Lodha’ trademark by the defendant’s firm.
