Delhi Court Restrains Law Firm Fox Mandal & Associates From Using 'FoxMandal' Trademark And Website Domain Name
A Delhi Court on Thursday (May 15) 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 comes in a suit filed by Som Mandal, who...
A Delhi Court on Thursday (May 15) 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 comes in a suit filed by Som Mandal, who runs the law firm Fox Mandai & Co.
Som Mandal claimed that he has been running the firm since 1989 and has acquired ample goodwill. He 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.
“The trade mark/ logo as adopted by the defendants, are identical to plaintiffs' trade mark/ logo as the impugned trade mark contains a logo of flag illustrating 'FM' alongwith the word 'Fox Mandai' below it,” he contended.
Counsel appearing for Som Mandal added that his trademark is registered under the provisions of Trade Marks Act, 1999 whereas the logo of his brothers is still lying opposed.
A bare perusal of the impugned logo, the Court said, “would show that the impugned trade mark /logo FoxMandal/ FoxMandal are phonetically identical and or deceptively similar to registered trademark/ word mark/ device mark FoxMandal of the plaintiffs.”
It noted that Som Mandal claims to be prior user and applying the test of deceptive similarity from the perspective of a common man with average intelligence and imperfect recollection, it would be clear that,
“defendants are passing off their impugned services by prominently using phonetically identical and/or deceptively similar trade mark/ logo "FoxMandal"/ FoxMandal, thereby giving an impression in the minds of common man that those services are coming from the house of the plaintiffs.”
As such, the Court restrained the two brothers from using the impugned trademark and the impugned domain name www.foxmandal.in, till further orders.
Case title: Somabrata Mandai & Anr. v. Shuvabrata Mandai & Ors.
Case no.: CS (COMM.)/346/2025