MUMBAI: The Bombay High Court on Friday directed businessmen brothers Abhishek Lodha and Abhinandan Lodha to go for mediation to resolve their disputes over the use of the “Lodha” trademark. After the HC suggested to both parties earlier this week to attempt an amicable resolution, the brothers on Friday told a single bench of Justice Arif Doctor they were willing to go for mediation.
The Lodha brothers are the sons of BJP leader and Maharashtra cabinet minister Mangal Prabhat Lodha.
The bench appointed former Supreme Court Justice R V Raveendran as the mediator and said an endeavour shall be made to complete the proceedings in five weeks.
“If the mediator feels there has been a positive progress then the time shall stand extended. If the mediation fails then the matter shall be placed for interim relief on March 21,” the court said.
The bench said the mediation shall be first conducted between the brothers and if required, the other parties concerned shall be roped in later.
“If there is a resolution between Defendants 5 and 16 (Lodha brothers) then won’t everything else fall to the ground. It will have a domino effect. Having more people who would put spanner in the works may derail the proceedings,” Justice Doctor said.
Abhishek Lodha-promoted Macrotech Developers Ltd earlier this month filed a suit in HC against Abhinandan Lodha’s real estate firm, The House of Abhinandan Lodha, claiming that the name “Lodha” was their trademark and no one else could use it.
The suit sought Rs 5,000 crore in damages from Abhinandan’s company.
In an interim application, Macrotech Developers sought a perpetual injunction against the defendants from infringing its trademark “Lodha”.
The HC while suggesting the brothers to go for mediation had said since the dispute was primarily between two brothers, the possibility of amicable resolution should be attempted.
The court had asked the two parties – Macrotech Developers and Abhinandan Lodha – to inform it on Tuesday if they were willing to resolve the matter amicably.
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 company (Macrotech) claimed it was not part of the 2023 agreement and was not bound by its 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, who helms the flagship company, Macrotech Developers, of the real estate giant claimed in the suit that the “Lodha” brand name was built over the last four decades, and his firm had 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.
House of Abhinandan Lodha is part of Lodha Ventures, established by Abhinandan after he quit Macrotech Developers (erstwhile Lodha Developers).
