#SupremeCourt REJECTS plea filed by Gujarati newspaper 'Saurashtra Aajtak' against a Delhi HC order which restrained it from using the name 'Saurashtra Aaj Tak', holding that TV Today Network, which operates the news channel 'Aaj Tak,' is the prior user of the mark

Bench: CJI Surya Kant, J Joymalya Bagchi and J V Mohana

J Bagchi: India Today was using it from 1995. The mark has been said to have secondary association with...you have not led evidence...

Petitioner's counsel: They have not even produced license agreement. How does HC conclude they have license?

J Bagchi: Document of use is admitted

Counsel: It's not. They have not produced even a single document. They have given a board resolution in favor of PW1

J Bagchi: Have you cross-examined? We are on passing off

Counsel: They ought to have shown TV Today is actually using the mark. It is Living Media, but it was not impleaded. I have been using for 26 years

CJI: It's alright. You think of some other name. We are granting you 3 months' time to comply with HC directions.