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 judgement, 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.