The Supreme Court on Wednesday dismissed a plea filed by a Gujarati newspaper challenging the Delhi High Court’s order restraining it from using the name ‘Saurashtra Aaj Tak’, holding that the name could create an impression of an association with the ‘Aaj Tak’ news channel.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi upheld the High Court’s finding in favour of TV Today Network, which operates the Aaj Tak news channel. TV Today had alleged that the newspaper’s use of ‘Saurashtra Aaj Tak’ amounted to passing off.

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

When counsel for the newspaper sought six months’ time to change the name, CJI Surya Kant remarked, “You can make Saurashtra Aaj Tak to Saurashtra Raat Din tomorrow only.”

The Bench thereafter dismissed the plea but granted the newspaper three months to comply with the High Court’s directions and adopt a name that is neither similar nor deceptively similar to TV Today Network’s ‘Aaj Tak’ trademark.

The dispute dates back to 2002, when TV Today came to know that a Gujarati daily titled ‘Saurashtra Aaj Tak’ was being circulated from Rajkot. It subsequently filed a passing-off suit in April 2003.

In February 2012, a Delhi trial court allowed the newspaper to continue using the name subject to the publication of a prominent disclaimer clarifying that it had no connection with TV Today’s Aaj Tak.

TV Today challenged the decision before the Delhi High Court.

On July 30, Justice Mini Pushkarna set aside the trial court’s order and permanently restrained the newspaper from using the disputed name. The High Court held that a disclaimer could not cure deceptive similarity where a well-known trademark was involved.

The High Court found that the expression ‘Aaj Tak’ had acquired distinctiveness and secondary meaning through continuous use since 1995. It further held that adding the regional prefix ‘Saurashtra’ did not sufficiently distinguish the newspaper’s name from the Aaj Tak mark.

The High Court also noted that the newspaper had failed to establish any independent goodwill or bona fide adoption of the disputed name.

It consequently directed the newspaper to adopt an entirely different name that was not similar or deceptively similar to the ‘Aaj Tak’ mark.

The Supreme Court has now affirmed the High Court’s findings, while granting the newspaper a final three-month period to rebrand.