Delhi High Court Stops Hyderabad Publisher From Printing 'The Pioneer' After Franchise Agreement Ends

Justice Tejas Karia passed the ad-interim injunction in a trademark and passing off suit filed by CMYK Printech, which claimed that Ascendas continued to use the mark “The Pioneer” despite its authorisation having been withdrawn.

CMYK told the Court that it and its predecessors had used the mark since 1865 and had acquired goodwill and reputation in relation to newspaper publications.

It said Ascendas was granted franchisee rights in 2018 under a Memorandum of Understanding to publish and circulate the Hyderabad edition.

Under the agreement, Ascendas was required to pay ₹2 lakh per month and share advertisement revenue.

The plaintiff alleged that Ascendas had defaulted on its payment obligations. It issued a termination notice on February 16, 2026, requiring the company to stop printing, publishing and circulating the newspaper under the mark.

According to CMYK, Ascendas initially assured it that it would stop the unauthorised publication but continued printing and circulating the Hyderabad edition. CMYK said it discovered this again on October 15, 2026, and subsequently filed a criminal complaint against the defendant and its director.

The Court observed that the material on record indicated that CMYK and its predecessors had used “The Pioneer” in relation to newspaper publications since 1865. It also noted that Ascendas' right to use the mark arose from the MoU and was dependent on the authorisation granted under it.

The Court further observed that copies of the Hyderabad edition dated October 15, 18 and 19, 2026, indicated that Ascendas continued publishing the newspaper under the mark even after the expiry of the six-month period contemplated under Clause 19 of the agreement.

Finding a prima facie case for interim protection, the Court observed that continued publication could lead readers and advertisers to believe that the newspaper was being published with CMYK's approval or continued to be associated with it.

Accordingly, it restrained Ascendas and persons acting on its behalf from using “The Pioneer” or any identical or deceptively similar mark in relation to newspapers, e-papers, digital media publications or related goods and services, till the next date of hearing.

The matter is listed on March 4, 2027.

For CMYK Printech: Advocates Saurabh Seth, Shantanu Agarwal, Abhinav Tyagi, Vineeth Varma Penmetsa, Neelampreet Kaur and Abhiroop Rathore