Delhi High Court Quashes Interim Order Restraining Law Firm Fox Mandal & Associates From Using 'FoxMandal' Trademark

The Delhi High Court on Wednesday (May 28) set aside a commercial court's interim order restraining Shuvabrata Mandal and Shouryabrata Mandal who run Fox Mandal and Associates from offering legal services under 'FoxMandal' trademark, which is stated to be owned by their brother Som Mandal who runs the Fox Mandal & Co. 

After hearing the parties a division bench of Justice C Hari Shankar and Justice Ajay Digpaul and noting the consent of parties in its order dictated:

"Having heard, with consent, the appeals are disposed of in the following terms-

The impugned order is quashed and set aside without expressing any opinion on the merits of the contentions from either side or the sustainability of the impugned orderThe appellant is directed to file a response to application of respondent under Order 39 Rule 1 and 2 CPC on or before June 2. The  respondent may file their rejoinder thereto on or before June 5. 

The learned Commerical Court will take up respondent's application under Order 39 Rule 1 and 2 CPC for final argument on June 6 and decide it uninfluenced by any observations contained in the impugned order. This order is being passed without prejudice to rights and contentions of the parties and without expressing any opinion thereon. Either party who may continue to remain aggrieved by the order that are to be passed would be entitled to agitate their rights in accordance with law". 

Senior advocates Sandeep Sethi and Jayant Mehta appeared for the appellants Shuvabrata Mandal and Fox Mandal and Associates while senior advocate AS Chandiok appeared for Som Mandal the respondent. 

This development comes in respect of an order passed by a Delhi Court on May 15 which restrained Shuvabrata Mandal and Shouryabrata Mandal from offering their legal services under trademark 'FoxMandal', which is owned by their brother Som Mandal. District Judge Vidya Prakash sitting at Patiala House Courts also restrained the duo from using FoxMandal for their website domain name.

The interim injunction was granted in a suit filed by Som Mandal, who runs the law firm Fox Mandal & Co. Som Mandal had claimed before the district court that he has been running the firm since 1989 and has acquired ample goodwill. He had claimed that the words 'Fox Mandal' form an essential part of the trademark/ logo of his firm, which his brothers are now exploiting by running their own practice in the name 'Fox Mandai & Associates' since 1996 but using a logo deceptively similar to his firm's.

Against this For Mandal and Associates and Shuvabrata Mandal have moved the high court in appeal. 

Case title: FOX MANDAL AND ASSOCIATES AND ANR V/s SOMABRATA MANDAL AND ORS And SHUVABRATA MANDAL V/s SOMABRATA MANDAL& ORS. FAO (COMM)-133/2025 

Citation: 2025 LiveLaw (Del) 632