The Bombay High Court will hear Macrotech Developers’ trademark infringement case against Abhinandan Lodha on January 27, 2023. Macrotech claims exclusive rights to the “Lodha” name, a position reinforced by a 2017 Family Settlement Agreement. The outcome could significantly impact the Lodha brothers’ businesses and the real estate sector.
Mumbai: The Bombay High Court on Tuesday (Jan 21st) scheduled the hearing for January 27 on an application filed by Macrotech Developers Ltd, led by Abhishek Lodha, seeking an injunction against his younger brother, Abhinandan Lodha, over the use of the trademark “Lodha”.
Last week, Macrotech Developers initiated a lawsuit against Abhinandan’s real estate firm, House of Abhinandan Lodha, alleging that the name “Lodha” was their registered trademark and should not be used by anyone else.
Trademark Dispute and Court Proceedings
In its interim application, Macrotech sought a perpetual injunction to prevent trademark infringement. The application was initially brought before a single bench of Justice Manish Pitale. However, as the suit included a claim for damages worth Rs 5,000 crore, it was reassigned to Justice Arif Doctor, as per court protocol for cases exceeding Rs 100 crore in damages.
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During the hearing, Justice Doctor asked if the matter revolved around a dispute between brothers. Advocate Hiren Kamod, representing Macrotech Developers, confirmed, stating,
“Yes, this is a fight between two brothers. This is a fight over the Lodha trademark.”
The court will now hear the application for interim relief on January 27.
The Macrotech Claim
Macrotech Developers, the flagship company of the Lodha Group, claims to be a leading real estate developer since the 1980s, offering premium residential and commercial properties under the “Lodha” brand. The company argued that it holds the registered trademark for “Lodha” and has invested heavily in building the brand’s reputation over the last four decades, spending Rs 1,700 crore on brand-building in the past decade alone.
The company emphasized that the “Lodha” name commands significant goodwill, citing domestic property sales of Rs 91,000 crore in the last decade.
Family Settlement and Trademark Rights
As per Macrotech’s application, the Lodha brothers had reached a Family Settlement Agreement in 2017, following Abhinandan’s departure from the group in 2015 to start his own ventures. The agreement specified that Abhinandan’s firm would operate under the name “House of Abhinandan Lodha”. However, Macrotech maintains that it was not party to a subsequent agreement in 2023 and never granted permission for Abhinandan’s firm to use the “Lodha” name.
The company stated,
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“The plaintiff company, who is the registered proprietor of the ‘Lodha’ trademarks, has neither in the past nor till date hereof granted any no-objection/permission to the defendants for the use of ‘House of Abhinandan Lodha’.”
The Lodha Legacy
The Lodha brothers are sons of Mangal Prabhat Lodha, a BJP leader and Maharashtra cabinet minister. While Abhishek Lodha leads Macrotech Developers, Abhinandan Lodha heads House of Abhinandan Lodha, a part of Lodha Ventures, established after his exit from Macrotech Developers.
The January 27 hearing will determine the next steps in this high-profile trademark battle, which could have significant implications for the real estate industry.
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