Lodha VS Lodha: The Trademark SAGA

 

Please read my earlier blogs first regarding when it comes to names and surnames, who qualifies for the ownership on that trademark. The links are as given below: https://www.jpranavc.in/2023/11/the-trade-mark-case-involving-trump-too.html AND https://www.jpranavc.in/2021/10/rights-on-name-surname.html

Now, the recent case between Lodha VS Lodha ain’t different, with the exception that, now, same family members are involved. And if someone remembers, a decade back too, a similar case in the real industry came involving the trademark of Hiranandani, again, in a family dispute.

When business empires are erected on names and surnames, then such disputes are not uncommon to occur even within the family members, as, at the time of the partition of the Wealth, one party of the same family would ask another not to use the goodwill of the name or surname of the family, in exchange of some liquidity or part of the business vide a Mutual Agreement signed between the two.

Now, as the agreements signed are not available online, at least I couldn’t see, thus can’t comment on the same, whether there was breach in contract or not. No idea! And as the story goes in the mainstream, one party agreed not to use the surname, or, to use with certain contingencies; and whether it breached or not, I’ve no idea, and cannot confirm the same.

But the above two blogs of mine, would explain the issue of trademarks when it involves names or surnames, and the popularity of those marks are must, so much so that, it should pass the litmus test of the well-known status, and I presume, the above marks also passed the litmus test of well-known status, because indeed, they are truly well-known marks in the Real Estate industry. 😊

© Pranav Chaturvedi