Why Abhishek Lodha’s Macrotech has approached Bombay HC against younger brother’s firm over trademark

While Justice Pitale observed Khambata’s statement astir the damages, helium said the aforesaid would pertain to an duty of different seat of the High Court arsenic helium had an duty of proceeding suits claiming damages up to Rs. 100 crore. The justice granted liberty to the parties to notation the substance earlier an due bench. The Macrotect lawyers are apt to notation the plea earlier Justice Arif S Doctor aft 2.30 pm.

In the post-lunch session, Advocate Hiren Kamod representing Macrotech mentioned the substance earlier Justice Doctor. “It is much similar a household feud now. The combat is implicit the Lodha trademark,” Kamod said.

Justice Doctor said helium volition perceive the substance connected Monday, January 27, connected whether interim alleviation tin beryllium granted to his client.

Why did Lodha brothers determination Bombay HC?

In 2015, Abhinandan parted ways from Lodha Group and started HoABL, the separation was formalised based connected a household colony statement successful 2017. Abhishek and Abhinandan are sons of elder Maharashtra curate Mangal Prabhat Lodha.

The plea by Macrotech claimed that owed to non-compliance with the 2017 agreement, the caller statement was signed betwixt the 2 parties successful December 2023, which expressly prohibited Abhinandan from utilizing a sanction akin to ‘Lodha’. Macrotech filed an interim exertion seeking urgent absorption to a steadfast owned by Abhinandan to halt utilizing the marque sanction pending proceeding of the suit.

What are the alleviation sought and claims made?

In their suit, Macrotech and Digirealty Technologies Pvt Ltd person sought perpetual injunction connected infringing connected their registered trademarks and from offering, selling, advertising, distributing, marketing, exhibiting for merchantability oregon different dealing with impugned services oregon immoderate goods aforesaid oregon akin to plaintiffs’ goods and work that incorporate the people ‘LODHA.’

In its interim exertion seeking urgent relief, Macrotech claimed that owed to the infringement and passing disconnected of its well-known trademarks, defendants person caused nonaccomplishment oregon damages provisionally estimated to beryllium much than Rs. 5,000 crore, and that the nonaccomplishment would emergence if the defendants are allowed to proceed with their actions.

The plea added that Macrotech has spent time, effort and wealth to physique its marque done advertisements and endorsements and is known crossed the state and overseas for its prime and standard of existent property improvement projects. It said Lodha Group is presently processing implicit 40 existent property projects crossed the Mumbai Metropolitan Region (MMR), Pune, and Bengaluru and is apt to grow successful different cities.

Despite the defendants having nary close implicit the trademarks, they person “undertaken assorted actions to illegally and unauthorisedly usage the ‘LODHA’ Trade Marks with an intent to infringe and walk disconnected their concern arsenic being associated with the Plaintiffs’ business.” “Given that suspect Abhinandan was a household subordinate of Abhishek the plaintiffs were nether a bonafide content that the substance could beryllium resolved amicably and truthful took nary precipitative steps,” the plea added.

Despite this, the plea went connected to state, that the defendants had ‘illegally’ suppressed worldly and applicable facts from the trademark registry and had made misrepresentations portion applying for the impugned trademarks.

However, the lawyers representing Abhinandan Lodha and his steadfast denied claims made by his brother.