Lodha trademark war: Can a family surname be monopolised as a trademark?

Lodha vs. Lodha IPR dispute highlights the complexity of family surname trademark battles in India's legal landscape.

The ongoing legal spat between the Lodha brothers over using “Lodha” brand has once again brought the question to the limelight -- can a family surname be monopolised as a trademark and if so, who has the rightful claim?

The Lodha vs. Lodha Intellectual Property Right (IPR) dispute case has been referred to a court-appointed mediation process. The warring brothers may not budge easily given that owning a brand name can mean owning the market itself.

While this may seem like a classic family dispute, Indian courts have ruled on similar issues in the past.

One of the earliest rulings was in the Bajaj Electricals Ltd vs. Metals and Allied Products case. Though the owners of both firms had the same surname, the court had ruled in favour of Bajaj Electricals, stating that the name was strongly associated with their business. The court held that its unauthorised use could mislead consumers. Thus, setting a precedent that a surname can be protected if it has strong market recognition.

A similar case was upheld in the Kirloskar Diesel Recon Pvt. Ltd. vs. Kirloskar Proprietary Ltd. case. The court had ruled that even family members couldn’t use the Kirloskar name if it created confusion in the market.

In Lodha brothers’ case too, if one can prove that the Lodha brand has gained distinctiveness solely under his leadership, the court may restrict the other from using it for real estate ventures.

“Indian courts have upheld that a surname, when strongly associated with a business, deserves trademark protection. If [Abhishek Lodha’s] Macrotech proves that ‘Lodha’ in real estate is tied to its brand through market recognition and goodwill, exclusivity should follow,” said Prathamesh Kamat, Counsel, Bombay High Court.