Bombay High Court Restricts 'New Indian Express' to Five States, Upholds 1995 Settlement
The Bombay High Court has upheld a decision barring Express Publications (Madurai) Pvt Ltd (EPML) from using the title 'The New Indian Express' outside the states of Tamil Nadu, Karnataka, Kerala, Odisha, Andhra Pradesh, and specified Union Territories. A division bench of Justices Bharati H Dangre and Manjusha A Deshpande dismissed EPML's appeal on June 15, 2026, finding 'no perversity or patent error' in the November 13, 2025 order of single judge Justice Riyaz I Chagla.
The restriction stems from a Memorandum of Settlement (MoS) signed between EPML and The Indian Express (P) Limited in 1995, which was later made a decree of the Madras High Court. Under the settlement, EPML was permitted to use the title only in the aforementioned states and UTs.
The Indian Express (P) Ltd argued that it is the 'absolute owner' of the registered titles and that EPML's use was limited to the agreed territories. Senior Advocate Darius Khambata, representing The Indian Express, said EPML breached the terms by organising an event in Mumbai in September 2024 called 'New Indian Express-Mumbai Dialogues'. He contended that the event violated the settlement terms and the Madras High Court decree.
EPML's senior advocate, Zal Andhyarujina, argued that the settlement did not prohibit promotion of the publication outside the five states and claimed 'acquiescence' by The Indian Express group through shared advertisements. However, the court rejected this claim, noting that EPML could not claim ignorance of the rights granted under the consent-based MoS.
The judgment observed that the Intellectual Property Appellate Board had earlier directed EPML to 'scrupulously follow the restrictions without the slightest violation', yet EPML continued its ventures. The court also noted that a Joint Advertisement Agreement between the parties had ended in January 2011, and thus could not be seen as permanent consent for pan-India use.
The Indian Express is recognised as a well-known mark of the Indian Express Group, and the court stated that the group 'always intended to protect its well known mark across classes of goods and services and across the whole of India'. The ruling reaffirms the territorial limits agreed upon in the 1995 settlement.
