Case at a glance: The Supreme Court has dismissed a Rajkot newspaper's challenge to a Delhi High Court judgment holding that its title ‘Saurashtra Aaj Tak’ amounts to passing off of the Aaj Tak news channel's name. As reported, the Court gave the newspaper three months to adopt a name that is not identical or deceptively similar.
TV Today Network, owner of Aaj Tak, learned in 2002 that a newspaper called ‘Saurashtra Aaj Tak’ was being published from Rajkot and filed a passing-off suit in April 2003. In February 2012, the Delhi trial court allowed the newspaper to keep the title if it carried a prominent disclaimer of any connection with Aaj Tak.
The Delhi High Court set that aside, finding the title likely to suggest a connection with the channel. The newspaper approached the Supreme Court.
The Key Question Before the Court
Does adding a regional prefix and a disclaimer save a newspaper title that uses a well-known channel's name from being passing off?
A Clear Case of Passing Off
As reported, Justice Bagchi described it as a clear case of passing off, and the disclaimer route was rejected. The newspaper asked for six months to change its name; the Court allowed three.
The CJI remarked during the hearing that the newspaper could change its name immediately. The report names no statutes or precedents.
What the Court Actually Held
- The SLP was dismissed and the Delhi High Court judgment upheld.
- The newspaper must adopt a name that is not identical or deceptively similar to Aaj Tak.
- Three months were allowed to make the change.
Why This Judgment Matters
- It confirms that disclaimers may not cure deceptive similarity.
- It protects well-known media brands against regional imitations.
- It shows the Court declining to interfere with a reasoned passing-off finding.
What Should Advocates Take Away From the Judgment?
For Brand Owners' Counsel
- Lead evidence of reputation and likelihood of association, and resist disclaimer-based compromises.
For Publishers and Start-ups
- Clear titles against well-known marks before launch; a regional prefix may not avoid passing off.
Key Takeaways
- Adding a regional prefix did not avoid passing off.
- Disclaimers did not cure the deception.
- Three months were given to change the name.
Frequently Asked Questions
Whether the newspaper title ‘Saurashtra Aaj Tak’ passes off the Aaj Tak channel's goodwill.
No. The disclaimer approach allowed by the trial court was rejected.
Three months to adopt a non-similar name, as reported.
Conclusion
The ruling ends a dispute that began in 2003 and reinforces protection for established media names.
Practical takeaway: Before adopting a title, check for deceptive similarity with well-known marks; disclaimers are a weak defence.