Bombay High Court Bars ‘The New Indian Express’ from Using Trademark Outside South India
Court rules in favour of The Indian Express, protecting brand identity and readership trust
Judgment highlights importance of territorial restrictions in trademark disputes
By Our Legal Correspondent
New Delhi: November 14, 2025:
In a significant ruling on media trademarks, the Bombay High Court has restrained The New Indian Express from using its mark outside South India. The order came after The Indian Express filed a lawsuit alleging infringement and misuse of its established brand identity.
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The Court’s decision underscores the importance of territorial restrictions in trademark law, especially in industries like media where brand recognition and reader trust are critical.
Background of the Dispute
The dispute dates to the division of the Indian Express group in the 1990s. Following the split, The New Indian Express was permitted to operate under that name in South India, while The Indian Express retained rights in other regions.
However, The Indian Express alleged that The New Indian Express had begun using its mark outside the permitted territory, including in Maharashtra and other northern states. This, according to the plaintiff, amounted to trademark infringement and unfair competition.
Court’s Observations
- Territorial restriction: The Court emphasized that the agreement between the two groups clearly limited The New Indian Express to South India.
- Likelihood of confusion: Readers outside South India could be misled into believing that The New Indian Express was connected to The Indian Express.
- Protection of goodwill: The Court recognized the longstanding reputation of The Indian Express and ruled that its goodwill must be protected.
- Restraint order: Accordingly, the Court restrained The New Indian Express from using its mark outside South India.
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Why This Judgment Matters
- Trademark clarity: It reinforces the principle that trademarks with territorial restrictions must be respected.
- Media industry impact: Newspapers rely heavily on brand identity; confusion among readers can damage credibility.
- Legal precedent: The judgment sets a precedent for similar disputes in industries where brand splits occur.
- Consumer protection: Readers are safeguarded from misleading brand representations.
Impact on Media Houses
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- For The Indian Express: The ruling strengthens its brand protection outside South India, ensuring that its readership is not diluted.
- For The New Indian Express: The newspaper must limit its operations to South India, as originally agreed, and cannot expand under the disputed mark.
- For the industry: The case highlights the importance of clear agreements and strict adherence to territorial boundaries in brand usage.
Legal Context
Trademark law in India protects registered marks from misuse and infringement. Territorial restrictions are enforceable when agreed upon, especially in cases of corporate splits.
The Court’s ruling aligns with established principles of trademark law:
- Goodwill protection: A brand’s reputation must be safeguarded.
- Consumer clarity: Preventing confusion is a key objective of trademark law.
- Enforceability of agreements: Courts will uphold territorial restrictions agreed upon by parties.
Expert Reactions
- Trademark lawyers say the judgment reinforces the sanctity of territorial agreements.
- Media analysts note that the decision will prevent confusion among readers and advertisers.
- Business commentators highlight that the ruling could influence future corporate splits and brand-sharing agreements.
Broader Implications
- Corporate splits: Companies dividing assets must ensure clear territorial boundaries for brand usage.
- Consumer markets: Similar disputes could arise in retail, hospitality, and other sectors where brand identity is crucial.
- Judicial clarity: The judgment provides guidance for courts handling trademark disputes involving territorial restrictions.
Conclusion
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The Bombay High Court’s ruling restraining The New Indian Express from using its mark outside South India is a landmark in trademark law. By protecting the goodwill of The Indian Express and preventing consumer confusion, the Court has reinforced the importance of territorial restrictions in brand disputes.
This judgment will likely shape future trademark litigation and corporate agreements, ensuring that brand identity remains protected across industries.
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Also Read: Bombay High Court Bars ‘The New Indian Express’ from Using Trademark Outside South India