Try to amicably resolve dispute over Lodha trademark: HC to Lodha brothers

The Bombay High Court on Monday suggested Abhishek Lodha and his brother Abhinandan Lodha to try and amicably resolve the issue over the use of 'Lodha' trademark.

The Abhishek Lodha-promoted Macrotech Developers Ltd earlier this month filed a suit in the HC against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, claiming the name 'Lodha' was their trademark and no one else could use it.

The suit sought Rs 5,000 crore as damages from Abhinandan Lodha's company.

In an interim application, Macrotech Developers sought a perpetual injunction against the defendants from infringing their trademark 'Lodha'.

On Monday, a single bench of Justice Arif Doctor while hearing the application said since the dispute was primarily between two brothers, the possibility of an 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?" Justice Doctor said.

The court asked the parties concerned (Macrotech Developers, Abhinandan Lodha and Abhishek Lodha) to inform it on Tuesday if they were willing to resolve the matter by way of mediation.

The HC said if the parties were agreeable, then it would appoint a former chief justice or a retired Supreme Court judge as the mediator and an endeavour shall be made to complete the proceedings as expeditiously as possible.

Senior counsel Darius Khambata, appearing for Macrotech Developers, told the court that the plaintiff company was the registered proprietor of the trademark 'Lodha', and hence it was the aggrieved party.

The high court, however, noted that the genesis appears to be from a 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 a resolution," the HC said.

The Lodha brothers, sons of BJP leader and Maharashtra cabinet minister Mangal Prabhat Lodha, had reached a settlement in 2015.

Macrotech Developers, in its application, claimed it was the flagship company of the Lodha Group, a leading real estate developer founded in the early 1980s, offering residential and commercial properties under the brand name Lodha.

It further claimed that the plaintiff company was the proprietor of the trademark 'Lodha' and various other registered trademarks containing the name as the leading, essential and prominent feature.

As per the application, until 2015, there was an internal agreement that all companies in the Lodha Group could use the trademark.

However, in 2015, it was decided that Abhinandan Lodha would separate from the Lodha Group and start his own business.

The terms of separation were also recorded by way of a Family Settlement Agreement in March 2017 and another agreement in 2023, wherein it was decided that the defendant's venture would be called The House of Abhinandan Lodha.

The plaintiff company claimed it was not part of the 2023 agreement and was not bound by the terms.

"The plaintiff company, who is the registered proprietors of the 'Lodha' trademarks, has neither in the past nor till date hereof granted any no-objection/permission to the defendants for the use of 'House of Abhinandan Lodha'," the application said.

Abhishek Lodha, who helms the flagship company of the group, Macrotech Developers, in the suit, claimed the "Lodha" brand name was built over the last four decades, and his firm spent Rs 1,700 crore in brand-building in a decade alone.

The suit said the Lodha name commands a lot of goodwill, and Macrotech's domestic property sales alone stand at Rs 91,000 crore over the last decade.

"The Lodha Group has spent considerable time, effort and money building its brand through advertisements and endorsements and is renowned across India and abroad," it added.

The House of Abhinandan Lodha is part of Lodha Ventures, established by Abhinandan Lodha after he quit Macrotech Developers (erstwhile Lodha Developers).