Delhi High Court grants ad interim injunction in trademark, copyright case involving local newspaper
06 May 2026
The Delhi High Court granted an ex parte ad interim injunction in CMYK Printech Ltd. v. Ideal Multi Media Network (P) Ltd., restraining the latter from using the trademark The Pioneer, the title of an English-language newspaper in India published by CMYK. Furthermore, the High Court ordered Ideal to stop publishing articles from The Pioneer and soliciting advertisements and engaging in other similar commercial transactions on behalf of the English daily.
Launched in 1865, The Pioneer is India’s second-oldest English newspaper.
Rashi Gahlaut | a senior associate @ Khurana & Khurana, Noida
According to Rashi Gahlaut, a senior associate at Khurana & Khurana in Noida, the case is a useful real-world example of what can go wrong when business relationships end, but one party doesn’t fully let go. “It is a memorial that intellectual property is not just an asset during a co-operation,” said Gahlaut, “it becomes indeed more critical after it ends.”
In 2004, Ideal Multi Media Network, which is located in the city of Bhopal, inked a Memorandum of Understanding (MOU) with CMYK Printech Ltd. Under the MOU, Ideal is authorized to publish the Bhopal edition of The Pioneer with monthly royalties.
The agreement was terminated in February 2026. However, the defendant continued to use a visually similar mark and publish content from The Pioneer. According to the Delhi High Court, such practice not only amounts to prima facie trademark and copyright infringement but also to passing off.
“Ending a contract on paper is not just enough; there needs to be an immediate functional arrestment of rights. Think of it like a Netflix subscription. Once it ends, you don’t get to keep watching just because you’re used to it,” Gahlaut emphasized.
“Further, using a similar name or design is not harmless. It can mislead the advertisers and readers and confuse them at large with an intent to trade upon the goodwill and reputation under the original publication, which falls under trademark infringement and passing off,” he added. “In such scenarios, while facts themselves are free to use, theway news is presented including layout, structure, headlines and compilation is protected.”
According to Gahlaut, better exit clauses should be drafted in light of the fact that old agreements frequently cannot cope with ultramodern pitfalls. He proposes the inclusion of the following in contracts: what happens to imprinting after termination of an agreement, timelines for stopping publication and penalties for non-compliance.
He added that there should be active monitoring to ensure that use of the content has indeed stopped, branding is withdrawn, and there remains no residual association in the market. This is especially critical nowadays as content spreads quickly, especially online.
Once it is discovered that trademark and copyright infringement have occurred, the rights owners must act swiftly. “Detention and delay can make effects worse, both fairly and commercially, if abuse continues,” said Gahlaut.
- Espie Angelica A. de Leon
