The Bombay High Court appointed retired Supreme Court judge Justice RV Raveendran as a mediator to resolve the ongoing trademark dispute between real estate magnates Abhishek Lodha and Abhinandan Lodha.
The two brothers agreed to this mediation. The case revolves around a ₹5,000 crore trademark suit filed by Macrotech Developers, led by Abhishek Lodha, against the House of Abhinandhan Lodha, owned by Abhinandan Lodha.
The order was passed by Justice Arif Doctor.
"Initially the mediation shall be between (the two brothers)...It shall be open to the mediator after first holding a meeting (with the two brothers) as to issue appropriate directions for the inclusion of all parties to the suit. We shall also not preclude all parties to the suit to approach the mediator for participation in the mediation."
The Court further clarified that the mediation process would not affect the parties' rights in the ongoing trademark suit. If mediation fails, the case will be revisited after the mediation period to consider interim relief. The next hearing is scheduled for March 21.
The dispute dates back to 2015 when the Lodha brothers decided to separate their business interests. Abhinandan went on to establish House of Abhinandan Lodha, while Abhishek continued to oversee the family’s real estate empire under Macrotech Developers.
In a 2017 family settlement, it was decided that Abhinandan would shift his focus to a non-real estate business, while Macrotech would maintain control over real estate operations and the intellectual property associated with the 'Lodha' name. The agreement also included a non-compete clause that restricted Abhinandan from engaging in real estate ventures in certain areas, including Mumbai and Greater London.
Macrotech now alleges that Abhinandan’s firms have continued to use the 'Lodha' name, in violation of the settlement terms, leading to a ₹5,000 crore lawsuit over trademark infringement and consumer confusion.
Abhinandan’s companies, on the other hand, assert that they have not violated the trademark agreement. They argue that their trademark, 'House of Abhinandan Lodha,' has been clearly used in all their projects and registered since 2020. Additionally, they contend they should not be held accountable for any unauthorized use of the trademark by third parties.
At the last hearing, the Court suggested mediation as a way forward. Senior Advocate Darius Khambata, representing Macrotech, expressed willingness to engage in mediation, provided it was conducted within a set timeframe. He also proposed that all parties to the suit be involved in the mediation process to avoid future disputes.
Justice Doctor, however, cautioned that involving too many parties might complicate the process. He proposed that the mediation begin between the two brothers, with the possibility of including other parties later if necessary, to expedite the resolution and prevent prolonged litigation.
The Court then appointed retired Supreme Court Judge Justice Raveendran to mediate the dispute, directing him to first address the concerns of the brothers before involving additional parties.
Senior Advocates Darius Khambata and Sharan Jagtiani along with Advocates Hiren Kamod, Priyank Kapadia, Rahul Dwarkadas, Prachi Dhanani, Nutash Kotwal and Shireen Mistri, instructed by Veritas Legal, appeared for Macrotech
Senior Advocate Virendra Tulzapurkar and Ravi Kadam and Advocates Rashi Shah, instructed by Kartikeya & Associates, represented House of Abhinandan Lodha.
Senior Advocate Venkatesh Dhond and Advocates Ameet Naik, Rohan Kadam, Madhu Gadodia, Sandhya Singh, Ashutosh Upadhayay, Tarini Kulkarni and Lokesh Kansal, instructed by Anand and Naik, appeared for Lodha companies and directors.
Senior Advocate Aspi Chinoy along with Advocates Karl Tamboly, C Rashmikant, Rohan Dakshini, Shweta Jayadev, Nikita Mishra, Anuja Bhansali, Urvi Gupte, Sailee Dhayalkar, Jai Sanyal, Raghav Dharmadhikari, instructed by Rashmikant and Partners, represented Abhinandan Lodha.
Advocate Chaitra Rao appeared for Lodha Advisory Services and Lodha Trusteeship.
Senior Advocate Janak Dwarkadas along with Advocate Suraj Iyer, instructed by Ganesh & Co, represented Abhishek Lodha.
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