Madras High Court Seeks Response from Actor Vijay's TVK on Trademark Infringement Allegations Over Party Flag

Madras High Court Seeks Response from Actor Vijay's TVK on Trademark Infringement Allegations Over Party Flag

Introduction

The Madras High Court has sought the response of actor-politician Vijay and his political party Tamilaga Vettri Kazhagam (TVK) on an appeal filed by a trust alleging trademark infringement of its flag by TVK. The trust claims that TVK's flag is visually and conceptually similar to its registered trademark.

Factual Background

The trust, Thondai Mandala Saandror Dharma Paribalana Sabai, claims to have been using a flag with a red-yellow-red tricolour design with a central circular motif since 2023. The trust's founder, GB Pachaiyappan, applied for registration of the mark in November 2023 and received registration in June 2024. TVK unveiled its flag in August 2024, which the trust alleges infringes its trademark and copyright.

Procedural Background

The trust and its founder initially approached the single-judge bench of the Madras High Court, seeking an interim injunction to restrain TVK from using its flag. However, the single-judge refused to pass any interim orders, prompting the trust to file an appeal before a Division Bench of the High Court.

Contentions of the Parties

Trust's Contention: The trust alleges that TVK's flag infringes its trademark and copyright, and that the resemblance between the two flags could cause confusion among the public. The trust seeks to restrain TVK from using its current flag and claims damages for intellectual property infringement and passing off.

TVK's Contention: TVK refuted the allegation of copying the trust's flag, explaining the symbolism behind its flag's design, including the use of elephants, a vaagai flower, and the colors maroon and yellow.

Issues

1. Trademark Infringement: The alleged infringement of the trust's trademark by TVK's use of a similar flag.

2. Copyright Infringement: The alleged infringement of the trust's copyright in the central design of its flag.

Reasoning & Analysis

The Division Bench of Justices G Jayachandran and Mummineni Sudheer Kumar has sought the response of TVK and Vijay, indicating that the Court will examine the allegations of trademark and copyright infringement. The Court's decision to admit the appeal and seek a response from TVK suggests that there are prima facie grounds to consider the trust's allegations.

Implications

The outcome of this case could have significant implications for TVK and the trust. If the Court finds in favor of the trust, TVK may be required to change its flag and pay damages for intellectual property infringement.

In this case the appellant was represented by team Mission Legal led by Mr. Ramesh Ganapathy, Ms. Subashini IM, Ms. Kavya. RB, Mr. Tharun Rajan AS, Mr. Santhiya V, Mr. Oveya S and Ms. Fathima Hussain, Advocates.