Lodha vs Lodha: Bombay high court refers trademark dispute case for mediation

The Bombay high court on Friday referred the trademark dispute between real estate moguls and brothers Abhishek Lodha and Abhinandan Lodha to mediation under the oversight of a former Supreme Court judge R.V. Raveendran.

A single-judge bench of justice Arif Doctor has granted the mediator five weeks to facilitate a resolution. The hearing is scheduled for 21 March.

Emphasizing the familial nature of the dispute, the court underscored the importance of mediation over prolonged litigation. “Has any effort been made to sit down and resolve it?” the court had remarked earlier.

Senior counsel Darius Khambata, representing Abhishek Lodha’s Macrotech Developers Ltd (Lodha Group), responded that his client was open to mediation, provided it remained time-bound.

“I am agreeable to go through the mediation process…Abhinandan is my younger brother and have lot of love for him. I have always supported him in whatever manner possible and wished for his success. I hope this mediation process helps us reconcile the differences," Abhishek Lodha said.

Origins of the dispute

The conflict dates back to 2015, when the Lodha brothers decided to separate. 

Abhinandan launched The House of Abhinandan Lodha (HoABL), while Abhishek continued to lead the family’s real estate business under Macrotech Developers.

Read this | Lodha versus Lodha: How a family agreement brought the Lodha brothers to battle

Their separation was formalized in March 2017 through a family settlement agreement, which granted Abhishek control of the real estate business while Abhinandan focused on ventures outside the sector. The agreement also allocated all intellectual property related to real estate, including trademarks, to Macrotech.

A non-compete clause barred Abhinandan from engaging in real estate activities in the Mumbai Metropolitan Area for five years and in Greater London for specified durations. A subsequent agreement in December 2023 reaffirmed restrictions on using names resembling the 'Lodha' brand, including 'Lodha Ventures.'

Macrotech’s allegations

Macrotech has accused Abhinandan’s company of infringing on its registered 'Lodha' trademark. In September 2024, Macrotech demanded that Abhinandan’s firm cease using the 'Lodha' and 'Lodha Group' names and issue disclaimers clarifying that it was not affiliated with Macrotech.

Abhinandan’s company admitted to using the name ‘Lodha Ventures’ but did not deactivate domain names flagged by Macrotech as infringing its trademark.

Read this | Lodha vs Lodha: Abhishek Lodha on the battle between the brothers for the Lodha brand

Macrotech argues that Abhinandan’s actions were deliberate, asserting that the trademarks used by his companies closely resemble Macrotech’s registered marks and could mislead consumers into believing the businesses were connected.

Legal demands

Macrotech is seeking a permanent injunction restraining Abhinandan’s companies, directors, shareholders, and associates from using the 'Lodha' trademark or any similar name. It also seeks to prevent the defendants from marketing or offering services that could create consumer confusion.

Also read | Lodha vs Lodha: Why family names as brand names are always tough to disentangle

Additionally, Macrotech is demanding ₹5,000 crore in damages for trademark infringement and has requested a disclosure of the defendants' financial records to safeguard its interests. The company is also calling for the destruction of all materials bearing the infringing trademark.

In response to the court's decision, a statement from The House of Abhinandan Lodha said, “Abhinandan Lodha continues to believe that family matters should not be settled in public. This is the reason he chose to maintain a dignified silence for over 10 years in the interest of the family.”

"We are grateful to the Mumbai high court and honirable justice Arif doctor for guiding us towards the mediation. We hope it will bring closure to issues which are now pending for almost 10 years," the statement added.