In a significant trademark and passing-off ruling, the Delhi High Court has permanently restrained the publisher of the Gujarati newspaper "Saurashtra Aaj Tak" from using that title, holding that it infringes upon the goodwill and reputation attached to "Aaj Tak", the well-known news brand of TV Today Network. Justice Mini Pushkarna allowed the appeal filed by TV Today Network and overturned the Trial Court's limited relief that had merely required the newspaper to publish a disclaimer.
The Court held that once the Trial Court itself had found that the mark "Aaj Tak" had acquired distinctiveness and that the respondent's use was likely to cause public confusion, permitting continued use of "Saurashtra Aaj Tak" with a disclaimer was legally unsustainable.
Background of the Case
The dispute dates back to 2003 when TV Today Network approached the court after learning that a Gujarati newspaper titled "Saurashtra Aaj Tak" had begun publication from Rajkot, Gujarat. According to the media company, the use of the expression "Aaj Tak" by another news publication was likely to mislead readers into believing that the newspaper was associated with its nationally known news channel.
The original suit sought a permanent injunction restraining the respondents from using the name "Saurashtra Aaj Tak" and requested a direction to adopt a different newspaper title.
In 2012, the Trial Court accepted that "Aaj Tak" had acquired goodwill and that confusion was possible. However, instead of prohibiting the name altogether, it permitted continued use subject to a prominent disclaimer stating that the newspaper had no connection with TV Today Network. Dissatisfied with that limited relief, TV Today Network filed the present appeal.
Court's Observations
Justice Mini Pushkarna observed that the Trial Court had already reached clear findings that the mark "Aaj Tak" had acquired a secondary meaning in the field of news dissemination and enjoyed substantial reputation among the public.
The High Court noted that the respondent did not lead any evidence during the trial after being proceeded ex parte. Consequently, there was no material to support the Trial Court's assumption that the respondent had independently developed goodwill in the mark "Saurashtra Aaj Tak."
The Court observed:
"The ingredients of passing off, i.e., goodwill, misrepresentation and likelihood of damage, are well established."
The Court further held that once the Trial Court had already concluded that the respondent's mark was likely to create confusion and could harm the appellant's reputation, allowing its continued use merely with a disclaimer was contradictory.
Justice Pushkarna also emphasized that passing-off rights under common law remain available independently of trademark registration. Even where trademark registration issues arise, a prior user who has built goodwill can seek protection against deceptive use by another party.
Why the Disclaimer Was Not Enough
A central issue before the High Court was whether requiring the newspaper to publish a disclaimer sufficiently protected TV Today Network's rights.
The Court answered in the negative. It found that the Trial Court's own findings established a likelihood of public association between the two news brands. Once such confusion was acknowledged, allowing the continued use of the impugned title even with a disclaimer would not adequately safeguard the appellant's goodwill.
The Court also took note that during the pendency of the appeal, "Aaj Tak" had been declared a Well-Known Trademark by the Registrar of Trade Marks, reinforcing the recognition enjoyed by the brand.
Final Decision
Allowing the appeal, the Delhi High Court set aside the Trial Court's directions permitting the respondent to continue using "Saurashtra Aaj Tak" with a disclaimer.
The Court permanently restrained the respondent, its directors, employees, agents and all persons acting on its behalf from using the name "Saurashtra Aaj Tak" in any manner. It further directed the respondent to change the title of its newspaper to another name that is not similar or deceptively similar to the appellant's mark "Aaj Tak."
With these directions, the appeal filed by TV Today Network was allowed.
Case Details
Case Title: TV Today Network v. Saurashtra Aaj Tak and Another
Case Number: RFA 320/2012
Judge: Justice Mini Pushkarna
Decision Date: 30 July 2026
-300x169.webp)
