In a landmark ruling in the intra-family trademark dispute, the Delhi High Court set aside an order of interim injunction passed by the District Court on May 28, thereby restraining the brothers Shuvabrata Mandal and Shouryabrata Mandal from rendering legal services under the trademark name of 'FoxMandal'. The defendants run the firm Fox Mandal and Associates, and these names were challenged by the complaint by their brother Som Mandal, who owns and operates another legal entity, Fox Mandal & Co.
Background of the Dispute
- The disagreement started when Som Mandal instituted a suit in the District Court with the contention that his brothers were illegally using the mark "FoxMandal," which he said he owned exclusively. An interim injunction passed by District Judge Vidya Prakash, sitting at the Patiala House Courts, on May 15, 2025, restrained Shuvabrata and Shouryabrata Mandal from using the name ‘FoxMandal’ for legal services or even as part of their website domain.
- Som Mandal contended that he had been in possession of the firm Fox Mandal & Co. from 1989, gaining a reputable legal practice and great amounts of goodwill. He said that the name "Fox Mandal" formed an important part of the trademark of his firm, and the use of a deceptively similar logo and brand by his brothers was luring away clients, thus infringing his rights.
High Court's Intervention
Fox Mandal and Associates, through Shuvabrata Mandal, approached the high court, challenging the ruling of the district court. A division bench consisting of Justices C Hari Shankar and Ajay Digpaul heard the matter and took note of the consent of the parties. In a balanced order, the Court set aside the interim injunction without going into the merits of the case.
The bench ordered:
- "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 order."
- The High Court further directed the appellants to file a reply to Som Mandal's application under Order 39 Rule 1 and 2 CPC by June 2. The respondent may file a rejoinder by June 5. The Commercial Court is then required to take up the application for final arguments on June 6 and decide the matter uninfluenced by any prior observations.
Legal Representation
- The appellants were represented by experienced trademark lawyers, Advocates Sandeep Sethi and advocate Jayant Mehta, while senior advocate A.S. Chandiok appeared on behalf of Som Mandal. The involvement of prominent legal professionals highlights the importance and complexity of the case.
- This dispute also illustrates how trademark registration process online or actions online could lead to complicated conflicts when family businesses split or evolve independently. Legal experts believe that proper registration and clearly defined usage agreements could have potentially prevented such conflicts.
Key Legal Issues
- One of the principal legal questions in the case is whether registration and use of the 'FoxMandal' mark by Shuvabrata and Shouryabrata Mandal constitutes trademark infringement or is a permissible use of a family brand.
- Now, the case stands disposed after the hearing on Order 39 Rule 1 and 2 CPC, which deal with temporary injunctions in civil suits. At the next hearing, the court will decide whether to restore or finally dismiss the injunction.
Implications for the Legal Community
- This case should be a wake-up call for law firms concerning brand identity, especially when firms are named after founding members or families. Since the use of digital platforms is increasing, and the trademark registration process online has been coming, there is a strong recommendation to ensure the securing of trademarks with a proactive approach and to seek legal clarity on the same.
- It also amplifies the significance of trademark lawyers in handling some of the most convoluted family-business disputes. Legal commentators will keenly observe how the Commercial Court deals with the matter on 6 June, since the outcome may well set a precedent for related activity within the professional services field.
The interim relief by the Delhi High Court, although granting temporary respite to Fox Mandal and Associates, is still subject to being set aside by the Commercial Court after arguments under Order 39 Rule 1 and 2 CPC. The quashing of the original restraint highlights the obligation to due process and impartial adjudication, put into play in this highly contentious situation involving family businesses and joint legacies.
With high-profile advocates including advocates Sandeep Sethi and advocate Jayant Mehta made appearances, and the reputation of legal persons being questioned, this case is one for legal practitioners in India to track. Settled or otherwise, the ruling is likely to have implications for the next breed of disputes involving names, brands, and legacy in this industry.
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