New Delhi, Oct 7: The Supreme Court on Wednesday dismissed a plea filed by a Gujarati newspaper challenging a Delhi High Court order restraining it from using the name ‘Saurashtra Aaj Tak’.
The high court had held that the title could create a misleading impression of an association with the Aaj Tak news channel of TV Today Network.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana found no reason to interfere with the high court’s July 30 judgment, saying that the case was one of clear passing off.
“This is a clear case of passing off,” Justice Bagchi said.
TV Today Network had approached the courts alleging that the use of ‘Saurashtra Aaj Tak’ by the Gujarati newspaper amounted to passing off and was likely to cause confusion among the public.
Earlier, the Delhi High Court set aside a trial court order that had permitted the newspaper to continue using the title subject to publication of a prominent disclaimer stating that it had no connection with TV Today or Aaj Tak.
The high court had directed the newspaper to adopt a new name that was neither identical nor deceptively similar to the Aaj Tak trademark.
“You can make Saurashtra Aaj Tak to Saurashtra Raat Din tomorrow only,” the CJI said when the counsel for the newspaper sought six months’ time to change the name.
The bench, however, granted the newspaper three months to comply with the high court’s directions and complete the re-branding.
The dispute dates back to 2002, when TV Today came to know that Saurashtra Aaj Tak was being published from Rajkot.
TV Today subsequently filed a passing-off suit in April 2003.
In February 2012, a Delhi trial court allowed the newspaper to retain the title, subject to its publishing a prominent disclaimer making it clear that it was not affiliated with TV Today’s Aaj Tak. (PTI)
