The Bombay High Court on Friday appointed former Supreme Court judge Justice RV Raveendran to mediate the Rs 5,000 crore trademark dispute between real estate giants and brothers – Abhishek Lodha and Abhinandan Lodha.
The move comes after the Lodha brothers agreed for mediation.
Single-judge Justice Arif Doctor is seized with the trademark suit by Abhishek’s firm- Macrotech Developers against his brother Abhinandan’s company – House of Abhinandan Lodha.
He observed, “Let the initial mediation commence between the two brothers…Let the mediator have a first sitting with these two brothers and then, if he deems it fit, he can issue directions for the inclusion of all parties to the suit.”
Justice Doctor directed that the mediation process should be wrapped up within four weeks. He also said that if that did not get over then the court proceedings would begin. The matter is posted for hearing on March 17. The name of the mediator was aggreable to both the parties.
The dispute is about the use of the trademark “Lodha” by Abhinandan in his new firm, since 2017. According to Abhishek, this was a breach of the “Family Settlement” signed in 2017 between the two brothers after they decided to part ways in 2015.
Abhishek was to continue to look after the family’s firm Macrotech Developers, as per the settlement. The firm holds control over the intellectual property rights of the word “Lodha” and also retains the hold on real estate business.
According to the matter, Abhinandan was supposed to “focus” on a non-real estate business and not use the word Lodha, especially in certain regions like the Mumbai Metropolitan Area and also Greater London.
However, the suit alleged that Abhinandan has been breaching the “non-compete” clause of the 2017 settlement and continues to be engaged in real estate business and also uses the word Lodha.
It is alleged that this act on part of Abhinandan, has created confusion among the consumers and hence an injunction is sought against him from using the word Lodha.
Further, Abhishek has demanded Rs 5000 crores in damages. Abhishek also claimed that the brand name ‘Lodha’ was built over the four decades and that his firm has spent Rs 1700 crore in brand building in just one decade.
When the matter was heard last week, Justice Doctor had suggested the two parties to go for mediation, to which they consented on Friday.
Senior Advocate Aspi Chinoy along with Advocates Karl Tamboly, Shweta Jayadev, C Rashmikant, Rohan Dakshini, Nikita Mishra, Urvi Gupte, Anuja Bhansali, Sailee Dhayalkar, Jai Sanyal, Raghav Dharmadhikari, instructed by Rashmikant and Partners, represented Abhinandan Lodha.
Senior Advocate Janak Dwarkadas, Advocate Suraj Iyer, instructed by Ganesh & Co, represented Abhishek Lodha.
Senior Advocate Venkatesh Dhond along with Advocates Ameet Naik, Rohan Kadam, Madhu Gadodia, Sandhya Singh, Ashutosh Upadhyay, Tarini Kulkarni and Lokesh Kansal, instructed by Anand and Naik, appeared for Lodha companies and directors.
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 Advocates Virendra Tulzapurkar and Ravi Kadam along with Advocates Rashi Shah, instructed by Kartikeya & Associates, represented House of Abhinandan Lodha.
Advocate Chaitra Rao appeared for Lodha Advisory Services and Lodha Trusteeship.
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