Delhi High Court restrains Gujarati newspaper from using ‘Saurashtra Aaj Tak’ after Aaj Tak objects

The Delhi High Court recently restrained a Gujarati newspaper from using the name ‘Saurashtra Aaj Tak’ after finding that it amounted to passing off and was likely to create an impression that it was associated with the Aaj Tak news channel [TV Today Network v. Saurashtra Aaj Tak and Another]..Justice Mini Pushkarna directed the newspaper to adopt another name that is neither similar nor deceptively similar to the ‘Aaj Tak’ mark owned by TV Today Network. The Court observed that the words ‘Aaj Tak’ had acquired a secondary meaning and had become distinctive of the news dissemination services offered by TV Today Network.“The manner of the use of the words ‘Saurashtra Aaj Tak’, with more emphasis on the words ‘Aaj Tak’, leaves no doubt that the respondent/defendant (the newspaper) is trying to pass off its newspaper on the goodwill and reputation of the appellant/plaintiff (TV Today),” the Court added..The July 30 judgment came in an appeal filed by TV Today against a February 2012 decision of a Delhi trial court.The dispute arose after TV Today learnt in December 2002 that a Gujarati newspaper titled ‘Saurashtra Aaj Tak’ had been launched from Rajkot and was being circulated in the Saurashtra region of Gujarat. TV Today issued a legal notice in January 2003 before filing a passing-off suit in April that year..The trial court had permitted the newspaper to continue using ‘Saurashtra Aaj Tak’, subject to prominently publishing a disclaimer stating that it had no connection or association with Aaj Tak of TV Today Network. It had also restrained the newspaper from expressly or impliedly claiming such an association.TV Today then moved the High Court, challenging the trial court's refusal to grant a complete injunction against the Gujarati newspaper..The High Court noted that Aaj Tak was first launched as a news programme on Doordarshan in 1995 and became a 24-hour Hindi news channel in 2000. The mark 'Aaj Tak' was subsequently registered in Classes 38 and 41 in the name of TV Today’s holding company, Living Media India Limited. It was also declared a well-known trademark during the pendency of the appeal.The Court found that although ‘Aaj’ (today) and ‘Tak’ (news) may individually be descriptive or dictionary words, their combination was entitled to protection because of its long and continuous use in connection with the news channel. The Court added that the introduction of a prefix or suffix to the phrase 'Aaj Tak' would not necessarily prevent passing off by the Gujarati newspaper..Justice Pushkarna further found that the trial court had no evidentiary basis to assume that the newspaper had independently acquired goodwill or that its adoption of the 'Aaj Tak' name was bona fide. The newspaper had neither entered the witness box nor produced evidence of its reputation.The Court added that an intention to deceive was not essential in a passing-off action. Proof of actual deception or damage was also unnecessary if a likelihood of confusion and damage was established, the Court said. .Consequently, the Court set aside the direction allowing the newspaper to use its name (Saurashtra Aaj Tak) by adding a disclaimer. The Court, instead, has issued permanent and mandatory injunctions against the newspaper and directed it to halt the use of 'Aaj Tak' in its name..TV Today was represented by Advocates Hrishikesh Baruah, Radhika Gupta, Nishtha Sachan, Saket Verma, Utkarsh Dviwedi, Kumar Kshitij, Pragya Agarwal and Yashashwy Ghosh..The respondent-newspaper was represented by Advocates Arjun Mahajan, Sumit R Sharma, Raghvendra N Budholia, Sagar Agarwal, Piyush Gautam, Harshit Kapoor, Manav Singh, Siddharth Bajaj, Aryan Verma and Bhavya Arora..[Read Judgment]