Relief for actor Vijay as Madras High Court refuses order against his party flag in IP dispute

In a major relief for actor Vijay and his political party Tamilaga Vettri Kazhagam (TVK), the Madras High Court on Monday rejected a plea to pass an interim order restraining the party from using its current flag [GB Pachaiyappan v. Tamilaga Vettri Kazhagam]..Justice Senthilkumar Ramamoorthy was hearing a case involving accusations of copyright and trademark infringement and passing off in relation to the flag's design.The single-judge said that he was prima facie not convinced that the TVK flag was copied from a flag used by Thondai Mandala Saandror Dharma Paribalana Sabai - a Trust run by one GB Pachaiyappan."On prima facie comparison, it cannot be said that the defendant's flag is a substantial copy of the plaintiffs' flag. Therefore, I reject the claim for relief with respect to alleged infringement of copyright ... Significantly, plaintiffs do not have separate (trademark) registration for the colour combination.. It is, no doubt, true that essential features of a mark may be considered ... Even so, on prima facie comparison, I find that the colour schemes cannot be characterised as the essential feature. While minute comparison is not warranted, even when examined from perspective of a person of average intelligence and imperfect recollection availing services of the plaintiffs, it cannot be said that the use of the impugned flag is likely to cause deception or confusion among the public. All that remains, is request for relief for alleged passing off ... It is not possible to conclude that plaintiffs have established reputation and goodwill in relation to plaintiff's flag. For such reasons.. request for relief in relation to alleged passing off is also denied," the Court said in its interim order today. .However, the judge clarified that these are tentative observations made only for the purpose of deciding on the trust's prayer for in interim restraining order. A final decision is yet to be made. The case will be heard next in September.Advocate Ramesh Ganapathy appeared for the plaintiff trust today. Senior Advocate Vijay Narayan represented TVK and Vijay. .The plaintiffs (the trust and its founder) claimed that TVK’s flag, unveiled in August 2024, was visually and conceptually similar to their registered trademark, which consists of a red-yellow-red tricolour with a central circular motif.As per trademark records, Pachaiyappan had applied for registration of the mark on November 28, 2023 under Class 45, which covers “personal and social services rendered by others to meet individual needs.” The application was filed in his individual capacity through his counsel Newton Reginald, and includes the device mark with the text “THONDAI MANDALA SAANDROR DHARMA PARIBALANA SABAI” along with the Tamil tagline “VAAZHGA TAMIL – VALARGA THALAIMURAI.” The English translation reads: “Thondai Zone Witnesses Virtue Upkeep Council; Long Live Tamil – Grow Up Generation.”.The plaintiffs argued that they have been using this flag since 2023 in connection with personal and social services provided by the trust, including the publication of a Tamil magazine titled Saandror Kural and the operation of a YouTube channel under the same name. The mark was registered under Class 45 on June 1, 2024, and the plaintiffs claimed that the central design also qualifies as an original artistic work entitled to copyright protection.The suit alleged that TVK’s flag infringed both the plaintiffs’ trademark and copyright, and that the resemblance could cause confusion among the public. The plaintiffs claimed the adoption was done in bad faith to ride on the goodwill and reputation the trust had built around the mark.They, therefore, urged the Court to restrain TVK and Vijay from using their current party flag and pay ₹5 lakh as damages for IP infringement and passing off. .In the hearing today, Advocate Ganapthy argued that the plaintiff trust had registered its trademark before Vijay started his party in 2024, and that since both the trust and TVK carry out community services, it was likely that the public may be confused over the use of similar yellow-red flags. .Senior Advocate Narayan, on behalf of TVK, refuted the allegation that the trust and the political party were operating in similar fields. He said that there are some similarities between the flags but explained the symbolism in various elements of TVK's flag including the use of elephants at the centre, a vaagai flower and the idea behind the use of maroon and yellow in the flag. He said that TVK's flag is not simply a combination of colours but meant to inspire democratic aspiration, social unity, symbolize the unwavering spirit of Tamil people and more. "I will admit there is some similarity in colour combination.. But in get up (they are distinct).. There is no scope for confusion, especially when they are operating in different fields. One party is charitable organisation (other a political party) ... To say, that I have deliberately copied his (design) to cause loss - there is absolutely no pleading to show how any loss has been caused to him ... There has to be some possibility of confusion. When two people are operating in different fields, and there is no similarly in flags, at this stage, no case for injunction," Narayan added. .The Court, meanwhile, observed that since there are a limited number of colours, it is likely that some overlap may ensue when people or organisations design the colours of their flag. "Same colour combinations are played around so much, because you have limited options. So many flags, there are lot of similarities. Sometimes, only thing different is one flag will be vertical and another horizontal," Justice Ramamoorthy remarked. The plaintiffs were also represented by Advocates Subashini IM, Rajeev M, Kavya RB, Tharun Rajan AS and Santhiya V..[Live Coverage]