Lodha brothers’ long-standing dispute has come to an end amicably. Lodha is one of the largest players in real estate in India. The dispute started among the two brothers – Abhishek Lodha (elder brother), and Abhinandan Lodha (younger brother) over using the ‘Lodha’ and ‘Lodha Group’ trademarks in the last few years.
The Trademark Conflict:
It started in 2015 when Abhinandan Lodha separated from the Lodha Group and started his own independent business. The business split was formalised through a family agreement in 2017. Since then, both brothers have been handling their businesses separately.
However, the use of the ‘Lodha’ trademark became the reason for the conflict between the brothers. Abhishek Lodha’s Macrotech Developers Ltd (MDL) filed a case in the Bombay High Court against Abhinandan Lodha’s House of Abhinandan Lodha (HoABL) for trademark infringement and sought Rs 5,000 crore in damages. MDL alleged that HoABL and its channel partners have been using the 'Lodha' trademark for their new project launches. Using the brand name, according to MDL has created confusion among the buyers.
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In January this year, Justice Arif Doctor, presiding over a single bench, advised the brothers to settle the matter amicably. When the brothers agreed, the court appointed a mediator.
Mediation is a process followed in court where parties can resolve their matter with mutual understanding. While seeking mediation is voluntary, it is important to mention that it provides a platform where both parties can voice their feelings and work out a solution. A mediator is a person, usually a retired judge or senior lawyer. The mediator facilitates the process as an impartial or neutral third party.
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In this case, the court-appointed former Supreme Court Justice R V Raveendran as a mediator. The mediation time given was five weeks, with the possibility of an extension if required.
The Settlement Conditions:
After mediation, the parties (brothers) agreed to settle the matter. Here are the four settlement conditions:
Abhishek Lodha’s Macrotech Developers Ltd (MDL) will have the exclusive rights to use the brand name ‘Lodha’, and ‘Lodha Group’
Abhinandan Lodha will have the exclusive rights to use the brand name ‘House of Abhinandan Lodha (HoABL)’
Abhishek has no rights or claims in HoABL or other businesses of Abhinandan, and Abhinandan has no rights or claims in Lodha Group or MDL or other businesses of Abhishek
‘Lodha Group’ and ‘House of Abhinandan Lodha’ have no connection with each other, and both entities will communicate it widely
Reportedly, in a joint statement, the brothers acknowledged the support and advice from family members, well-wishers, the mediation process, and the court. The dispute is finally settled amicably.
