Change your name: Supreme Court to Gujarati newspaper using Aaj Tak name

The Supreme Court on Wednesday dismissed a plea filed by a Gujarati newspaper challenging the Delhi High Court's direction to halt using the name ‘Saurashtra Aaj Tak’ on grounds that it could create a false impression that the newspaper was associated with the Aaj Tak news channel [Saurashtra Aaj Tak vs TV Today Network].

TV Today, which operates the Aaj Tak news channel, had told the High Court that the use of ‘Saurashtra Aaj Tak’ by the Gujarati newspaper amounted to passing off.

In a ruling passed on July 30, the High Court found merit in this argument and directed the Gujarati newspaper to adopt another name that is neither similar nor deceptively similar to the ‘Aaj Tak’ mark owned by TV Today Network.

The Supreme Court has now upheld this ruling.

A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that it saw no reason to interfere with the High Court's findings, calling it an evident case of passing off.

"This is a clear case of passing off," Justice Bagchi orally remarked.

When newspaper's counsel sought at least six months to carry out a name change, CJI Surya Kant remarked:

“You can make Saurashtra Aaj Tak to Saurashtra Raat Din tomorrow only.”

The Court proceeded to dismiss the plea.

However, it granted the newspaper three months to comply with the High Court’s directions.

The dispute began in 2002 when TV Today discovered that a Gujarati daily titled ‘Saurashtra Aaj Tak’ was being circulated from Rajkot. It filed a passing-off suit in April 2003.

In February 2012, a Delhi trial court allowed the newspaper to retain the title, provided it published a prominent disclaimer stating it had no affiliation with TV Today’s Aaj Tak.

TV Today challenged this decision before the Delhi High Court.

On July 30, Justice Mini Pushkarna set aside the trial court order, holding that disclaimers cannot cure deceptive similarity when dealing with well-known marks.

The High Court ruled that the phrase ‘Aaj Tak’ had acquired distinctiveness and secondary meaning through continuous use since 1995.

It held that adding a regional prefix like ‘Saurashtra’ could not avert passing off, especially since the newspaper offered no proof of independent goodwill or bona fide adoption.

The High Court had consequently issued a permanent injunction directing the newspaper to adopt a completely different name.

The Supreme Court has now upheld that ruling, giving the newspaper a final three-month window to carry out the rebranding.

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