The Bombay High Court has referred the trademark dispute between brothers Abhishek and Abhinandan Lodha to mediation.
The court appointed former Supreme Court judge R.V. Raveendran to oversee the process, granting five weeks for resolution. A hearing is scheduled for March 21.
Background of the Dispute
In 2015, the Lodha brothers decided to part ways. Abhishek continued to lead the family’s real estate business under Macrotech Developers, while Abhinandan founded The House of Abhinandan Lodha (HoABL).
A family settlement agreement in March 2017 formalized their separation. This agreement granted Abhishek control over the real estate business and its associated intellectual property, including trademarks.
It also included a non-compete clause, restricting Abhinandan from engaging in real estate activities in the Mumbai Metropolitan Area for five years and in Greater London for specified periods.
Allegations of Trademark Infringement
Macrotech Developers has accused HoABL of infringing on its registered ‘Lodha’ trademark. In September 2024, Macrotech demanded that HoABL cease using the ‘Lodha’ and ‘Lodha Group’ names and issue disclaimers clarifying no affiliation with Macrotech.
HoABL acknowledged using the name ‘Lodha Ventures’ but did not deactivate domain names flagged by Macrotech as infringing.
Macrotech argues that HoABL’s actions are deliberate and that the trademarks used by HoABL closely resemble Macrotech’s registered marks, potentially misleading consumers into believing the businesses are connected.
Court’s Emphasis on Mediation
The court highlighted the familial nature of the dispute and stressed the importance of mediation over prolonged litigation.
Justice Arif Doctor remarked, “Has any effort been made to sit down and resolve it?” Senior counsel Darius Khambata, representing Macrotech, responded that his client was open to mediation, provided it remained time-bound.
Abhishek Lodha expressed his willingness to mediate, stating, “I am agreeable to go through the mediation process… Abhinandan is my younger brother and I have a 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.”
Potential Implications
This dispute underscores the complexities that can arise in family-run businesses, especially concerning brand identity and market positioning. The outcome of the mediation could set a precedent for how similar disputes are handled in the future.
Conclusion
The Lodha brothers’ trademark dispute has entered a critical phase with the court’s referral to mediation. Both parties have expressed a willingness to resolve their differences amicably.
The business community will closely monitor the outcome, given its potential implications for brand management and family business dynamics.
