Bombay HC appoints former SC judge as mediator in Lodha vs Lodha trademark dispute case

A Bombay HC bench of Justice Arif S. Doctor appointed retired Supreme Court judge RV Raveendran as the mediator in the Lodha vs Lodha case

The Bombay High Court named retired Supreme Court justice RV Raveendran as mediator in the brand usage dispute between real estate firm Macrotech Developers Ltd managing director Abhishek Lodha and his younger brother Abhinandan Lodha, who runs the plotted development firm House of Abhinandan Lodha (HoABL).

This came after both sides agreed to a time-bound settlement through negotiations, as recommended by a single-judge court bench. During that hearing on January 27, the judge, Arif S Doctor, noted that since the "genesis" of the dispute is between two brothers, mediation should be the preferred way ahead, rather than a lengthy period of litigation in courts.

The mediation process is expected to be completed in around five weeks, with the next hearing scheduled on March 21. Justice Doctor stated that the initial mediation shall be only with the two brothers involved, following which the mediatorcan take a call on including the other parties in the suit. He added that the mediation process is without prejudice to the interim relief sought by the plaintiffs in the case, which can be examined if the process is not successful.

In a statement, Abhishek Lodha said, "I am agreeable to go through the mediation process recommended by Honourable Justice Arif Doctor. Abhinandan is my younger brother and have 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."

In the company's third-quarter  earnings call, the elder Lodha said that the legal proceedings initiated by him and the company against his brother was "painful" for him, but was necessary to protect the brand.

The suit filed by the company alleged that Abhinandan Lodha, who left Macrotech (then Lodha Group) in 2015, was using the Lodha trademark for his real estate businesses in violation of a family settlement in 2017. Macrotech also sought Rs 5,000 crore in damages from the Abhinandan Lodha camp, and also sought a perpetual injunction on Abhinandan's group against using the "Lodha" brand, which Macrotech uses for its real estate projects.

In response, Abhinandan Lodha's camp said that HoABL has always adhered to the agreement to not use the "Lodha" brand in isolation, and has used the registered HoABL brand in all of its projects, in areas such as Ayodhya, Goa, Alibaug and elsewhere. HoABL's counsel also pointed out that some of the alleged unauthorised usage of the "Lodha" brand for HoABL projects was done by third parties, for which the company should not be held liable.

In a statement to Moneycontrol, the House of Abhinandan Lodha said, "Abhinandan continues to believe that family matters should not be settled in public. This is the reason he chose to maintain a dignified silence for over 10 years in the interest of the family. He does hope that his family honours all the commitments made to him as he has delivered not only on all his commitments but has also gone beyond, whenever called upon, to help with advice, time, and money."