The Madras High Court on Thursday issued notice to actor Vijay and his political outfit, Tamilaga Vettri Kazhagam (TVK), in a civil suit accusing them of trademark and copyright infringement concerning the party’s flag.
Justice Senthilkumar Ramamoorthy issued the notice on a plea filed by GB Pachaiyappan and the trust he represents—Thondai Mandala Saandror Dharma Paribalana Sabai. The matter is next listed for hearing on July 29.
According to the plaintiffs, TVK's flag—unveiled in August 2024—bears a striking resemblance to their own flag, a registered trademark featuring a red-yellow-red tricolour with a central circular motif. They contend that the design is not only visually similar but also conceptually identical to the one they have been using since 2023.
Trademark records show that Pachaiyappan applied for registration of the mark on November 28, 2023, under Class 45, which includes personal and social services. The mark includes the name of the trust and the tagline “VAAZHGA TAMIL – VALARGA THALAIMURAI” (“Long Live Tamil – Grow Up Generation”), and was officially registered on June 1, 2024.
The suit states that the trust has used the mark and flag in various public activities including the publication of a Tamil magazine, Saandror Kural, and a YouTube channel under the same name. They also claim the central motif qualifies as an original artistic work entitled to copyright protection.
The plaintiffs argue that the similarities between the two flags are likely to confuse the public and amount to infringement and passing off. They further allege that TVK’s adoption of the design was made in bad faith to exploit the reputation the trust had built around its identity.
The civil suit seeks the following reliefs:
A permanent injunction restraining Vijay and TVK from using the disputed flag;
₹5 lakh in damages for trademark and copyright infringement;
An order directing the defendants to account for profits earned through the use of the alleged infringing design;
Destruction of all infringing materials, including flags, advertisements, and printed matter;
Court costs.
The plaintiffs have also sought exemption from pre-suit mediation under Section 12A of the Commercial Courts Act, citing urgency and irreparable harm.
The petitioners were represented by Advocates Ramesh Ganapathy, Subashini IM, Rajeev M, Kavya RB, Tharun Rajan AS, and Santhiya V
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