**Bombay High Court Refers Lodha Brothers’ Trademark Dispute to Mediation**
On Friday, the Bombay High Court directed that the trademark dispute between real estate tycoons and brothers Abhishek Lodha and Abhinandan Lodha be resolved through mediation, overseen by a former Supreme Court judge. Justice Arif Doctor, presiding over a single-judge bench, has allotted five weeks for the mediator to facilitate a resolution, with the next hearing set for March 21.
Highlighting the familial aspect of the conflict, the court stressed the significance of mediation over extended litigation, questioning whether any attempts had been made to resolve the matter amicably. Senior counsel Darius Khambata, representing Abhishek Lodha’s Macrotech Developers Ltd (Lodha Group), indicated that his client was open to mediation, provided it adhered to a strict timeline.
Abhishek Lodha expressed his willingness to engage in the mediation process, stating, “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.”
**Background of the Dispute**
The origins of the dispute trace back to 2015 when the Lodha brothers opted to part ways. Abhinandan established The House of Abhinandan Lodha (HoABL), while Abhishek continued to manage the family’s real estate enterprise under Macrotech Developers. Their separation was formalized in March 2017 through a family settlement agreement, which granted Abhishek control over the real estate business, while Abhinandan pursued ventures outside the sector. This agreement also assigned all intellectual property related to real estate, including trademarks, to Macrotech.
A non-compete clause prohibited Abhinandan from engaging in real estate activities within the Mumbai Metropolitan Area for five years and in Greater London for specified periods. A subsequent agreement in December 2023 reaffirmed restrictions on using names similar to 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.
While Abhinandan’s company acknowledged the use of the name ‘Lodha Ventures,’ it did not deactivate domain names identified by Macrotech as infringing its trademark. Macrotech contends that Abhinandan’s actions were intentional, arguing 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 to prevent Abhinandan’s companies, directors, shareholders, and associates from using the ‘Lodha’ trademark or any similar name.
