The Bombay High Court has barred Express Publications (Madurai) Pvt. Ltd. from using the title “The New Indian Express” beyond the southern states for which it was originally authorised, reaffirming that the trademark “Indian Express” is the exclusive property of The Indian Express (P) Ltd.

Justice R.I. Chagla granted the interim relief on November 13, 2025, in an application filed by Indian Express. The Court held that the defendant’s use of “New Indian Express” outside the agreed territories exceeded the limited rights granted under long-standing settlement arrangements.

The conflict traces back to a 1995 Memorandum of Settlement (MoS), later formalised as a consent decree by the Madras High Court in 1997, and supplemented by another MoS in 2005. These agreements confirmed Indian Express’s absolute ownership of the “Indian Express” trademark, while allowing Express Publications to use “The New Indian Express” only for publishing its newspaper in five southern states and specific Union Territories.

Indian Express approached the Bombay High Court after Express Publications organised an event titled “The New Indian Express – Mumbai Dialogues” in Mumbai in September 2024. The plaintiff argued that any use of the title outside the designated region—whether for publication, branding, promotional activity, or commercial events—breached the MoS, infringed its registered mark, and amounted to passing off.

Express Publications countered that the MoS did not explicitly restrict advertising or promotional activities outside the southern region.

The Court disagreed, holding that since the MoS and Supplemental MoS form part of a binding decree, they must be interpreted according to their clear language. The bench found that the limited permission was specifically confined to publication within certain territories, and did not extend to marketing, promotion, or events held elsewhere.

The Court also emphasised that merely prefixing the word “New” does not dilute Indian Express’s trademark rights nor create an independent entitlement to use the title outside the permitted areas. Prima facie, the Court noted, the title “The New Indian Express” derives its existence solely from the settlement, and cannot be used in ways not contemplated under the decree.

The Court observed:
“The Plaintiff, being the absolute owner of the trademark ‘Indian Express’ along with the goodwill generated since 1932, is entitled to restrain the Defendant from using ‘New Indian Express’ outside the permitted territories. Such use, even for sponsored events, exceeds the permissive rights and amounts to infringement and passing off.”

Finding a strong prima facie case and concluding that unauthorised use could dilute the “Indian Express” mark, the Court made the interim order absolute.

Case Title: The Indian Express (P) Ltd v. Express Publications (Madurai) Pvt Ltd
Case No.: IA (L) No. 31555/2024