Madras HC issues notice to actor-turned-politician Vijay, TVK over flag design copyright suit

Chennai, July 17 (IANS) The Madras High Court on Thursday issued notice to Tamil actor Vijay and his political party, Tamilaga Vettri Kazhagam (TVK), in a civil suit alleging trademark and copyright infringement related to the party’s flag design.

Justice Senthilkumar Ramamoorthy passed the order on a plea filed by G.B. Pachaiyappan and the trust he represents —Thondai Mandala Saandror Dharma Paribalana Sabai.

The matter is slated for the next hearing on July 29.

According to the plaintiffs, the TVK flag, unveiled in August 2024, closely resembles their registered trademark, which features a red-yellow-red tricolour background with a central circular motif.

Trademark records indicate that Pachaiyappan applied for registration of the mark on November 28, 2023, under Class 45, which pertains to “personal and social services rendered by others to meet individual needs".

The application, filed through his counsel Newton Reginald, includes the device mark bearing the text “Thondai Mandala Saandror Dharma Paribalana Sabai” along with the Tamil tagline “VAAZHGA TAMIL – VALARGA THALAIMURAI,” translated as “Long Live Tamil – Grow Up Generation".

The plaintiffs claim they have been using this flag since 2023 in connection with the trust’s social and personal service activities, including the publication of a Tamil magazine titled Saandror Kural and the operation of a YouTube channel under the same name.

They further assert that the central circular design qualifies as an original artistic work eligible for copyright protection. The trademark was officially registered under Class 45 on June 1, 2024.

In their suit, the plaintiffs allege that TVK’s use of a similar flag was a deliberate act done in bad faith and amounts to both trademark and copyright infringement.

They argue that the resemblance is likely to cause confusion among the public and unfairly exploit the goodwill and reputation the trust has built around its identity.

The plaintiffs are seeking several forms of relief through the court.

They have requested a permanent injunction to restrain actor Vijay and TVK from using the allegedly infringing flag design. They are also demanding Rs 5 lakh in damages for infringement and passing off. Additionally, they seek a court order directing the defendants to disclose any profits made through the use of the disputed flag.

The plaintiffs further request the destruction of all infringing materials, including flags, printed matter, and advertisements. They are also seeking recovery of court costs incurred during the litigation.

Citing urgency and the risk of irreparable harm, the plaintiffs have also requested exemption from mandatory pre-suit mediation under Section 12A of the Commercial Courts Act.

--IANS

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