HC suggests mediation to resolve Lodha brothers’ trademark dispute

A single-judge bench, while hearing the arguments from both parties, suggested appointing a former chief justice to meditate on the matter

MUMBAI: The Bombay high court on Monday suggested resolving through mediation the ₹5,000-crore trademark dispute between brothers Abhishek Lodha and Abhinandan Lodha over using the brand name Lodha.

HC suggests mediation to resolve Lodha brothers’ trademark dispute

A single-judge bench led by justice Arif S Doctor, while hearing the arguments from both parties, suggested appointing a former chief justice to meditate on the matter. “The genesis of the family dispute appears to be between both brothers. Has any serious effort been made to resolve it? If a mediation or settlement is reached, it would put an end to every issue”, the court stated.

Senior advocate Darius Khambata, representing Abhishek Lodha’s Macrotech Developers, requested the court to consider a time-bound medication, saying that his client’s real estate firm’s flat purchasers have approached them to clarify the confusion caused by the trademark dispute. “I am not going to stand in the way of mediation provided it is time-bound. It cannot be stretched for days,” he said.

The court agreed with Khambata and asked both parties to respond whether they’re willing to resolve the matter through mediation by Tuesday. “We can discuss getting the matter resolved within two weeks. We will appoint a former chief justice to mediate the matter,” the bench said.

A spokesperson for Lodha Ventures, run by Abhinandan Lodha, said, “We will go by the advice of the Bombay high court.”

Macrotech Developers, the flagship company of the real estate major Lodha Group, has sought damages of over ₹5,000 crore from the House of Abhinandan Lodha (HoABL), a real estate consumer-tech company, alleging that it illegally used the brand names Lodha and Lodha Group.

Abhishek Lodha’s petition has alleged that his younger brother, Abhinandan Lodha, had been completely disassociated from the Lodha Group since 2015 after he decided to set up his own business, Lodha Ventures. A family settlement dated March 31, 2017, outlined the terms of separation, which allegedly gave Macrotech Developers exclusivity over the Lodha brand. Abhinandan founded HoABL, a real estate consumer tech company, in 2021.

According to the petition, HoABL defrauded the Lodha Group by misleading its customers into believing they were associating with the Lodha Group’s real estate services. Moreover, the petition said, HoAL used the Lodha trademark illegally and unauthorisedly to advertise and sell real estate projects being developed by Macrotech Developers.

The petition also claimed that the Lodha Group had a “near-death experience” between 2015 and 2020 because of a massive debt of approximately ₹20,000 crores caused by Abhinandan Lodha’s financial mismanagement. It said that HoABL is “engaged in a deep-rooted conspiracy to misuse the goodwill and brand strength of Lodha Group to gain credibility in the market. They are attempting to go to any lengths to deceive the consumers and the public at large”.

Senior advocate Janak Dwarkadas, representing Abhinandan Lodha, said several attempts have been made to seek redressal. He denied that his client used the name Lodha for any of its projects in isolation. “No question of confusion amongst the consumers arises. I am using the name Lodha after my own name, which makes it clear,” he said.