Gujarati Daily Gets 3 Months To Rebrand

The Supreme Court on Wednesday dismissed a Gujarati newspaper’s plea challenging a Delhi High Court order restraining it from using the title “Saurashtra Aaj Tak”, but granted it three months to change its name and complete the rebranding.

A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana found no reason to interfere with the High Court’s July 30 judgment.

“This is a clear case of passing off,” Justice Bagchi said.

The High Court had held that the title could create a misleading impression that the newspaper was associated with TV Today Network’s Aaj Tak news channel. It directed the newspaper to adopt a 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 said: “You can make Saurashtra Aaj Tak to Saurashtra Raat Din tomorrow only.”

The bench, however, allowed three months to comply with the High Court’s directions.

TV Today Network had alleged that the newspaper’s use of “Saurashtra Aaj Tak” amounted to passing off and was likely to cause confusion among the public.

The dispute dates back to 2002, when TV Today learnt that the newspaper was being published from Rajkot. The network filed a passing-off suit in April 2003.

In February 2012, a Delhi trial court allowed the newspaper to retain the title, subject to publishing a prominent disclaimer stating that it had no affiliation with TV Today or Aaj Tak. The High Court subsequently set aside that order.