The Supreme Court has upheld a ban prohibiting a regional Gujarati newspaper from publishing under the title ‘Saurashtra Aaj Tak’, ruling that the branding constitutes passing off and risks deceiving the public into presuming a commercial link with the Aaj Tak television channel.
A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana dismissed the regional publisher’s appeal against a July 30 Delhi High Court ruling, finding no justification to disturb the earlier judgment.
Compliance Window and Courtroom Observations
During the hearing, Justice Bagchi observed that the publication’s chosen title was an unambiguous instance of passing off.
Addressing a plea by legal counsel for the Gujarati daily seeking a six-month reprieve to complete the transition, Chief Justice Kant remarked that the paper could alter its name to Saurashtra Raat Din overnight. The bench ultimately granted the newspaper three months to comply with the High Court directive and finish its rebranding process.
Under the High Court order affirmed by the top court, the newspaper must select a replacement name that is neither identical nor deceptively similar to the Aaj Tak brand.
Origins of the Two-Decade Legal Contest
The ruling concludes a long-running legal battle initiated by TV Today Network, the parent company of the Aaj Tak news channel. TV Today first discovered in 2002 that a regional paper was circulating out of Rajkot under the name ‘Saurashtra Aaj Tak’.
In April 2003, TV Today filed a passing-off lawsuit alleging that the daily’s name infringed on its trademark and could mislead audiences into believing the print outlet was affiliated with the broadcaster.
A Delhi trial court had previously ruled in February 2012 that the newspaper could retain the title, provided it published an explicit and prominent disclaimer clarifying that it held no connection to TV Today or Aaj Tak.
The Delhi High Court subsequently reversed that decision on July 30, determining that a disclaimer was insufficient to prevent public confusion and ordering the publication to rebrand entirely.
