Delhi High Court has set aside the granting an ex-parte ad interim injunction to Som Mandal and Delhi-based Fox Mandal & Co against Shuva Mandal, Shourya Mandal and their Bengaluru-based firm Fox Mandal & Associates over the use of the FoxMandal trademark.
In the Somabrata Mandal & Anr v Shuvabrata Mandal & Ors case, the commercial court had observed trademark infringement and passing off had been established and ordered an ex-parte ad interim injunction, which meant the defendants had yet to be heard and temporary relief had been granted to the plaintiffs. This effectively led to the defendants being prohibited from using the FoxMandal name in all its forms, including in their domain.
Fox Mandal & Associates challenged the injunction before Delhi High Court, which set aside the order after the firm asserted its longstanding use of the name, logo and domain. Since the lower court order has been set aside, earlier restrictions on the firm’s use of the FoxMandal name have been lifted. The high court’s official website has yet to release the order online.
Shuva Mandal, chairman and managing partner of Fox Mandal & Associates said the firm was “proud of the legacy and goodwill associated with the Fox Mandal name – a legacy we have nurtured through years of service and integrity. We remain confident in the strength of our legal position and committed to continuing our work in the best interests of our clients and stakeholders”.
India Business Law Journal also sought comment from Som Mandal, who had not yet replied.
The matter will continue before the commercial court.
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.
