The Supreme Court on Wednesday upheld a Delhi High Court order restraining a Gujarati newspaper from using the name 'Saurashtra Aaj Tak', holding that the title amounted to a clear case of passing off and could create an impression of an association with Aaj Tak news channel.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana dismissed the newspaper's plea challenging the High Court's July 30 judgment, finding no reason to interfere with the order.
"This is a clear case of passing off," Justice Bagchi observed.
The dispute arose after TV Today Network objected to the newspaper's use of the 'Saurashtra Aaj Tak' title, alleging that it was deceptively similar to the Aaj Tak trademark and could mislead readers into believing that the publication was associated with the news channel.
The Delhi High Court had overturned a trial court order that allowed the newspaper to continue using the title subject to a prominent disclaimer stating that it had no connection with TV Today or Aaj Tak.
The High Court directed the newspaper to adopt a new name that was neither identical nor deceptively similar to the Aaj Tak trademark.
When the newspaper's counsel sought six months to change the name, the CJI remarked, "You can make Saurashtra Aaj Tak to Saurashtra Raat Din tomorrow only."
The Supreme Court, however, granted the newspaper three months to comply with the High Court's order and complete the rebranding.
The dispute dates back to 2002, when TV Today learnt that 'Saurashtra Aaj Tak' was being published from Rajkot. It subsequently filed a passing-off suit in April 2003.
In February 2012, the Delhi trial court had allowed the newspaper to retain the title, subject to a prominent disclaimer clarifying that it was not affiliated with TV Today's Aaj Tak.
(With inputs from PTI)
