Bombay HC suggests mediation in trademark dispute between Abhishek Lodha’s Macrotech and brother’s firm
Justice Arif S Doctor proposes appointing a former chief justice of India or any former judge agreed on by the sons of minister Mangal Prabhat Lodha as a mediator in the case over the use of the trademark 'Lodha'.
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Abhishek Lodha (right) and Abhinandan Lodha (left). (Photos: lodhagroup.com and www.lodhaventures.com)The Bombay High Court on Monday suggested that the trademark dispute between Macrotech Developers—formerly Lodha Group—of Abhishek Lodha and his younger brother’s House of Abhinandan Lodha Estate Holdings Private Limited (HoABL) be referred to a mediator. Abhishek and Abhinandan are sons of Maharashtra minister Mangal Prabhat Lodha.
A single-judge bench of Justice Arif S Doctor proposed appointing a former chief justice of India or anyone else (former judge) by the consent of the parties as a mediator in the case. He asked Abhishek Lodha’s counsel Janak Dwarkadas to respond on Tuesday whether his client was willing to attempt to resolve the issue through mediation. The court will decide on the appointment of a mediator during the hearing on Tuesday.
The high court was hearing an interim application by Macrotech seeking ad interim relief in its trademark infringement suit to restrain HoABL from using the “Lodha” trademark pending the hearing of the matter.
“There appears to be a dispute between two brothers. In all matters where there is an element of dispute within a family, the genesis appears to be a dispute between two brothers. Has any serious effort been made before you launch into protracted litigation? Has some effort been made to sit down and resolve it? If a mediation or settlement of dispute is reached, won’t everything else be put to an end?” the judge said.
Senior advocate Darius Khambata, representing Macrotech, argued that besides the loss or damage provisionally estimated to be more than Rs 5,000 crore due to the use of the “Lodha” by HoABL, the flat purchasers of the firm were approaching Macrotech with complaints, suggesting there was confusion among them regarding the trademark.
Senior advocate Dwarkadas said that several attempts were made to resolve the matter, including an intervention by the litigants’ parents as they don’t “like to see the dispute”. “Naturally so, and it will further precipitate and therefore an attempt can be made to ensure that it does not happen,” the judge responded. He also sought Dwarkadas’s response to the suggestion to appoint a mediator.
In 2015, Abhinandan parted ways with Lodha Group and started HoABL and the separation was formalised on the basis of a family settlement agreement in 2017.
Macrotech claims that due to non-compliance with the 2017 agreement, a new agreement was signed between the two parties in December 2023, which expressly prohibited Abhinandan from using a name similar to Lodha. Macrotech and Digirealty Technologies Pvt Ltd have sought a perpetual injunction against infringing on their registered trademarks and from offering, selling, advertising, distributing, marketing, exhibiting for sale, or otherwise dealing with impugned services or any goods that are the same or similar to the plaintiffs’ goods and services that contain the mark “Lodha”.
Through its interim application, Macrotech has sought urgent direction to the firm owned by Abhinandan to stop using the brand name pending the hearing of the suit. The lawyers representing Abhinandan and his firm denied the claims made by his brother.
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