Madras HC Refuses To Restrain TVK Flag In IP Dispute, Grants Relief To Actor Vijay
Madras HC Refuses to Restrain TVK Flag in IP Dispute, Grants Relief to Actor Vijay
Introduction
The Madras High Court has refused to pass an interim order restraining Tamilaga Vettri Kazhagam (TVK), the political party founded by actor Vijay, from using its current flag in a trademark and copyright infringement dispute. The Court was prima facie unconvinced that there was any infringement or passing off by TVK.
Factual Background
The plaintiff, Thondai Mandala Saandror Dharma Paribalana Sabai, a trust run by GB Pachaiyappan, claimed that TVK’s flag was visually and conceptually similar to their registered trademark, which consists of a red-yellow-red tricolour with a central circular motif. The trust alleged that TVK’s flag infringed both their trademark and copyright, and that the resemblance could cause confusion among the public.
Procedural Background
The plaintiff filed a suit against TVK and actor Vijay, alleging trademark infringement, copyright infringement, and passing off. The plaintiff sought an interim injunction restraining TVK from using its current flag and also claimed damages. Justice Senthilkumar Ramamoorthy heard the matter for interim relief.
Issues
- Whether TVK’s flag infringes the plaintiff’s trademark and copyright?
- Whether the plaintiff is entitled to an interim injunction restraining TVK from using its flag?
Contentions of the Parties
- Plaintiff’s Contention: The plaintiff argued that TVK’s flag was a substantial copy of their flag. They claimed that the use of similar colours and design could mislead the public and that they had been using their flag since 2023 in connection with personal and social services.
- TVK’s Contention: TVK, represented by Senior Advocate Vijay Narayan, argued that their flag was distinct and not a copy. They explained the symbolism behind the maroon and yellow colours, the elephants, and the vaagai flower in the design. TVK maintained that the fields of operation of the trust and the political party were entirely different, hence no possibility of confusion.
Reasoning and Analysis
The Court observed that on prima facie comparison, TVK’s flag could not be said to be a substantial copy of the plaintiff’s flag. The colour schemes were not considered the essential feature of the plaintiff’s mark, and similar colours alone do not amount to confusion. The Court further noted that the plaintiff had not established reputation and goodwill in connection with their flag.
Implications
The judgment emphasizes the importance of reputation and goodwill in IP disputes, particularly in determining trademark infringement and passing off claims. It also underlines that mere similarity in colours cannot, by itself, establish infringement.
Outcome
The Court refused to grant an interim injunction, holding that the plaintiff had not made out a case for infringement or passing off. The matter will be heard next in September.
Representation
The plaintiff was represented by Ms. Subashini IM, Mr. Rajeev M, Ms. Kavya RB, Mr. Tharun Rajan AS, and Mr. Santhiya V. Meanwhile, TVK and actor Vijay were represented by Mr. Vijay Narayan, Senior Advocate.
If you have a news or deal publication or would like to collaborate on content, columns, or article publications, connect with the Legal Era News Network Team and email us at info@legalera.in or call us on +91 8879634922.
