Law.Asia reports
In a significant win for Delhi-based law firm Fox Mandal & Co – commonly known as FoxMandal – and its managing partner, Som Mandal, the firm has won a battle over the use of its trade name and trademark against Bengaluru-based Fox Mandal & Associates, its managing partner, Shuva Mandal and co-managing partner, Shourya Mandal (the defendants).
In the matter, Somabrata Mandal & Anr v Shuvabrata Mandal & Ors, the Commercial Court in New Delhi on 15 May ruled against the defendants over the infringement and passing off of the trade name and trademark FoxMandal. The court has restrained the defendants from using the impugned name and trademark in its current form or in any other identical or similar variation.
The court observed that a prima facie case of trademark infringement and passing off had been established in favour of the plaintiffs, Som Mandal and his firm FoxMandal. It further held that the balance of convenience lied with the plaintiffs.
The court order also prohibited the defendants from using their current domain name – www.foxmandal.in – or any other domain similar to the plaintiffs’ domain, www.foxmandal.com. Fox Mandal & Associates’ landing page now reads “We’ll be back soon”.
Som, Shuva and Shourya are the sons of Dinabandhu Mandal, a renowned third-generation lawyer and former senior partner at Kolkata-based Fox & Mandal. This law firm was established in 1896 by English lawyer John Kerr Fox and Indian lawyer Gokul Chandra Mandal. During his time at Fox & Mandal, Dinabandhu established Fox Mandal & Co in New Delhi and Fox Mandal & Associates in Bengaluru. He passed away in 2020.
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