Kolkata, Aug. 25 -- Goodwill generated by a partnership is an asset of the firm and not of an individual partner or his heirs, the Calcutta High Court has held, permanently restraining a rival law firm and its partners from using the "Fox & Mandal" name or claiming association with the 130-year-old legal firm.
Justice Ravi Krishan Kapur allowed a summary judgment application in a passing-off suit, holding that the defendants had no real prospect of defending the claim and had raised no triable issues.
The plaintiff firm was constituted in 1896 by John Kerr Fox, an English attorney, and Gokul Chandra Mandal, an Indian attorney. It has continuously used "Fox and Mandal", "Fox & Mandal" and "F&M", registering one mark in 2006 with claimed use since 1896. The dispute arose after the defendants, who run another law firm, represented through publications, advertisements, online articles and their website that they were connected with the plaintiff firm. The court found this aimed at creating confusion and deception.
Rejecting defendant Somabrata Mandal's claim as heir to former partner Dinabandhu Mandal, the court noted he had already received his monetary entitlement under an earlier decree and had no remaining right in the firm or its assets. The court also rejected the "family mark" claim, noting that Fox was not a Mandal family member. It held that actual loss need not be proved in passing off; likelihood of damage is sufficient.
The defendants were permanently barred from claiming the firm's 1896 legacy, passing off their legal services as those of Fox & Mandal, or using the three marks. Their plea to stay the decree was rejected.
Published by HT Digital Content Services with permission from Millennium Post.