Bombay High Court Bars ‘The New Indian Express’ Name Use Beyond Southern States

The Bombay High Court has stopped Express Publications (Madurai) Pvt. Ltd. from using the title “The New Indian Express” in any part of India other than the southern states for which it was originally given permission. The Court in The Indian Express (P) Ltd v. Express Publications (Madurai) Pvt Ltd held that the trademark “Indian Express” belongs exclusively to The Indian Express (P) Ltd., and the limited rights earlier granted to Express Publications cannot be stretched beyond those regions.

The order was passed on November 13, 2025, by Justice R.I. Chagla while allowing an interim plea filed by Indian Express.

The dispute is based on a long-standing arrangement between the parties. A Memorandum of Settlement was signed in 1995 and later converted into a consent decree by the Madras High Court in 1997, followed by a supplemental agreement in 2005. These agreements made it clear that Indian Express retained complete ownership of the “Indian Express” mark. Express Publications was allowed to use the title “The New Indian Express”, but only for publishing its newspaper in five southern states and certain Union Territories.

Indian Express approached the Bombay High Court after Express Publications held an event called “The New Indian Express – Mumbai Dialogues” in September 2024. According to Indian Express, using the brand name for an event in Mumbai—outside the permitted region—violated the settlement terms and amounted to trademark infringement and passing off.

Express Publications argued that the settlement did not expressly prevent it from advertising or promoting its publication in other states. However, the Court held that the agreements must be read in their plain meaning: the permission was only for publishing the newspaper in the specified territories. It did not allow branding, promotional events, or commercial use in regions outside the south.

The Court also clarified that simply adding the word “New” does not create a separate right over the Indian Express trademark. It emphasised that “The New Indian Express” exists only because of the arrangements between the parties and cannot be used in a wider manner than agreed.

Finding a strong prima facie case in favour of Indian Express, the Court observed that allowing the use of the name outside the permitted areas would dilute the goodwill associated with the “Indian Express” mark, which has existed since 1932. The balance of convenience, therefore, lay in granting interim protection to Indian Express.

As a result, the interim order restraining the use of “The New Indian Express” outside the southern states has been made absolute.