The Supreme Court has declined to interfere with the Delhi High Court’s order restraining a Gujarati newspaper from using the name “Saurashtra Aaj Tak” in a trademark dispute involving TV Today Network, which operates the Aaj Tak news channel. The Court, however, granted the newspaper three months to comply with the direction and change its name.
The dispute concerns whether the regional newspaper’s use of “Aaj Tak” could create an impression of an association with the established news brand. The Delhi High Court had already concluded that the mark had acquired goodwill and distinctiveness in the field of news dissemination and that the newspaper’s name was likely to create confusion.
Background
The dispute dates back to 2002, when TV Today Network came across a Gujarati newspaper being published from Rajkot under the title “Saurashtra Aaj Tak”. TV Today subsequently instituted a passing-off action in 2003, seeking to restrain use of the name.
The trial court had permitted continued use of the title subject to a prominent disclaimer stating that the newspaper had no connection with TV Today’s Aaj Tak. TV Today challenged that decision before the Delhi High Court.
On July 30, 2026, Justice Mini Pushkarna allowed TV Today’s appeal and held that the newspaper could not continue using the disputed name merely by carrying a disclaimer. The High Court found that “Aaj Tak” had acquired significant goodwill and that adding the geographical term “Saurashtra” did not remove the likelihood of confusion.
Before the Supreme Court, counsel appearing for the newspaper questioned TV Today’s evidence of prior use and argued that the registered “Aaj Tak” mark stood in the name of Living Media India Limited. Counsel also relied on the newspaper’s long-standing regional use of the name and questioned whether TV Today had sufficiently established its own use.
The Bench, however, pointed to the nature of a passing-off action and the protection available to a prior user. The High Court had found that TV Today had been using “Aaj Tak” before the newspaper adopted “Saurashtra Aaj Tak” and that the combination had acquired distinctiveness in news dissemination.
During the hearing, Justice Joymalya Bagchi orally remarked:
“This is a clear case of passing off.”
When the newspaper sought additional time to change its name, Chief Justice of India Surya Kant indicated that the change could be made promptly, illustrating the Court’s view that the name could not continue during the compliance period.
The Supreme Court declined to interfere with the Delhi High Court’s judgment and dismissed the challenge. The restraint against using “Saurashtra Aaj Tak” therefore remains in force.
The newspaper has been granted three months to change its name.
