Bombay High Court urges Lodha brothers to settle trademark dispute by mediation

The Bombay High Court on Monday suggested that the Lodha brothers, who are embroiled in a long-standing trademark dispute, consider mediation to resolve the matter. .Justice Arif Doctor said that since the issue stems from a family dispute, it may be beneficial for the two brothers, Abhishek Lodha and Abhinandan Lodha, to explore mediation.“The dispute appears to be between two brothers, has any effort been made to resolve it?” the court asked.The Court directed the petitioner, Macrotech Developers (Abhishek Lodha’s company) to inform the Court by tomorrow whether they are willing to participate in mediation. If both parties agree, the Court expressed its intention to appoint a former Chief Justice or a mediator of the parties' choice to help resolve the dispute..The origins of the dispute can be traced to 2015, when the Lodha brothers decided to part ways. Abhinandan subsequently founded House of Abhinandan Lodha while Abhishek continued to manage the family’s real estate business under Macrotech.In a 2017 family settlement, it was agreed that Abhinandan would focus on a new, non-real estate business, while Macrotech retained control of the real estate operations and intellectual property rights related to the ‘Lodha’ name. The settlement included a non-compete clause restricting Abhinandan from engaging in real estate activities in certain regions, including the Mumbai Metropolitan Area and Greater London.Despite this, Macrotech has now claimed that Abhinandan’s companies, including 'House of Abhinandan Lodha,' have continued to use the 'Lodha' name, violating the terms of the agreement. Macrotech filed the present suit seeking to prevent the use of the 'Lodha' trademark and also demanded ₹5,000 crores in damages, citing the confusion caused among consumers and the infringement of its trademark rights..During Monday’s hearing, Senior Advocate Darius Khambata, representing Macrotech, acknowledged the court's suggestion but emphasized the need for a time-bound resolution. “I am not going to stand in the way of any mediation, provided it comes to an end in a time-bound manner,” Khambata said. He also pressed for limited protection in the interim, arguing that the case involves a listed company and its shareholders, making it more than just a family dispute. Khambata pointed out that despite the 2017 settlement and a subsequent agreement in 2023, Abhinandan's companies have continued to use the 'Lodha' name..In response, the defendants—Abhinandan Lodha’s companies—denied any unauthorized use of the trademark. They contended that their trademark, 'House of Abhinandan Lodha,' has been used prominently in all their projects and has been registered since 2020. They also argued that they should not be held liable for any misuse of the trademark by third parties.The Court noted that the entire dispute could likely be resolved if the family issue were settled and reiterated its suggestion for mediation as a path forward..Senior Advocates Darius Khambata and Sharan Jagtiani along with advocates Hiren Kamod, Priyank Kapadia, Rahul Dwarkadas, Prachi Dhanani, Nutash Kotwal and Shireen Mistri instructed by Veritas Legal appeared for MacrotechSenior advocate Veerendra Tulzapurkar and Ravi Kadam and advocates Rashi Shah instructed by Kartikeya & Associates represented House of Abhinandan Lodha.Senior Advocate Venkatesh Dhond and advocates Ameet Naik, Rohan Kadam, Madhu Gadodia, Sandhya Singh, Ashutosh Upadhayay, Tarini Kulkarni and Lokesh Kansal instructed Anand and Naik appeared for Lodha companies and directors.Senior advocate Aspi Chinoy along with advocates Karl Tamboly, C Rashmikant, Rohan Dakshini, Shweta Jayadev, Nikita Mishra, Anuja Bhansali, Urvi Gupte, Sailee Dhayalkar, Jai Sanyal, Raghav Dharmadhikari instructed by Rashmikant and Partners represented Abhinandan Lodha.Advocate Chaitra Rao appeared for Lodha Advisory Services and Lodha Trusteeship.Senior advocate Janak Dwarkadas along with Suraj Iyer instructed by Ganesh & Co. represented Abhishek Lodha.