Bombay High Court Upholds Interim Injunction On Use Of New Indian Express Mark Outside Southern States

The Bombay High Court on Monday upheld an interim injunction restraining Express Publications (Madurai) Pvt. Ltd., publisher of 'The New Indian Express,' from using the "New Indian Express" name for events, programs, or business activities outside the five southern states and Union Territories specified in a 1995 Memorandum of Settlement (MoS).

The court dismissed the company's appeal against a November 2025 order passed by a Single Judge.

A division bench of Justices Bharati Dangre and Manjusha Deshpande held that it found no perversity or infirmity in the Single Judge's exercise of discretion. It therefore declined to interfere with the interim order.

The injunction was granted by Justice R.I. Chagla in a suit filed by The Indian Express (P) Ltd. The dispute arose after Express Publications (Madurai) organised an event titled "The New Indian Express – Mumbai Dialogues" in September 2024.

The matter has its roots in a family split within the Indian Express Group founded by Ramnath Goenka. Following disputes over shareholding in the group's holding company, the branches of Vivek Goenka and Manoj Kumar Sonthalia entered into an MoS in 1995 to divide the business.

The MoS was subsequently recorded as a consent decree by the Madras High Court in 1997. The parties also entered into a Supplemental Agreement in 2005.

Under Clause 18(iv) of the MoS, the Madurai group was permitted to use the name "New Indian Express" for publishing an English-language daily newspaper in Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Odisha, and the Union Territories of Puducherry, Andaman and Nicobar Islands, and Lakshadweep.

The Indian Express argued before the Single Judge that "New Indian Express" was merely a derivative of its registered trademark "Indian Express". It contended that the consent decree granted only a limited right to use the name for newspaper publication within the specified territories.

Senior Counsel Darius Khambata, appearing for The Indian Express, argued that organising ticketed and sponsored events under the "New Indian Express" name constituted a separate commercial activity. He submitted that such events generated an independent stream of revenue and fell outside the scope of the rights granted under the settlement.

Khambata also relied on a 2015 order of the Intellectual Property Appellate Board (IPAB). He argued that the order had restricted the Madurai group's trademark rights to the five southern states and Union Territories covered by the settlement and had attained finality.

Express Publications (Madurai), represented by Senior Counsel Zal Andhyarujina, opposed the plea. It argued that the MoS did not prohibit it from promoting its newspaper outside the five southern states.

The company contended that the right to publish necessarily included the right to promote. It also relied on the parties' conduct over the years, including cross-advertising in each other's newspapers, to argue that such use was always understood to be permissible.

The Madurai group further raised the defence of acquiescence. It pointed to The Indian Express's withdrawal of a Delhi High Court suit filed in 2011 and its alleged failure to object to similar events held in other cities.

It also argued that it was the registered proprietor of "The New Indian Express" trademark. According to it, it was not merely a permitted user of the mark.

The single bench rejected those contentions and granted an interim injunction. The court held that the Mumbai event was not merely a promotional activity linked to newspaper publication.

The single judge observed that the event was a standalone programme with sponsors. It generated additional revenue and amounted to a separate business activity. The court held that such use fell outside the limited rights granted under the MoS and related agreements.

Pending final adjudication of the suit, the single judge restrained Express Publications (Madurai) from using "The New Indian Express" or any derivative of the "Indian Express" mark for events, programs, or business activities outside the five permitted southern states and Union Territories specified in the MoS.