Madras High Court Seeks Response From Actor Vijay On Trademark And Copyright Infringement Allegations
Madras High Court Seeks Response From Actor Vijay On Trademark And Copyright Infringement Allegations
Introduction
The Madras High Court has issued a notice to actor Vijay and his political party Tamilaga Vettri Kazhagam (TVK) in a civil suit alleging trademark and copyright infringement over the party’s flag design. The notice was issued by Justice Senthilkumar Ramamoorthy on a plea filed by GB Pachaiyappan and the trust he represents — Thondai Mandala Saandror Dharma Paribalana Sabai — to examine the maintainability of the suit and related interim relief.
Factual Background
The plaintiffs claim that TVK's flag, unveiled in August 2024, is visually and conceptually similar to their registered trademark, which consists of a red-yellow-red tricolour with a central circular motif. The plaintiffs 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.
Procedural Background
The plaintiffs 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 mark was registered under Class 45 on June 1, 2024. The plaintiffs claim that the central design also qualifies as an original artistic work entitled to copyright protection. The suit alleges that TVK's flag infringes both the plaintiffs' trademark and copyright, and that the resemblance is likely to cause confusion among the public.
Contentions of the Parties
The plaintiffs claim that the adoption of the similar flag by TVK was done in bad faith to ride on the goodwill and reputation the trust had built around the mark. The suit seeks a permanent injunction against TVK and Vijay restraining use of the flag, damages of ₹5 lakh for infringement and passing off, and other reliefs.
Reasoning & Analysis
The court has issued notice to the defendants, returnable on July 29, and has granted an exemption from pre-suit mediation under Section 12A of the Commercial Courts Act, citing urgency and the risk of irreparable harm if the allegedly infringing flag continues to be used.
Implications
The court's decision highlights the importance of protecting intellectual property rights, including trademarks and copyrights. The outcome of the case may have implications for political parties and organizations that use similar symbols or designs.
Final Outcome
The outcome of the case is pending, and the court will hear the matter next on July 29, 2025.
In this case the plaintiff was represented by Mr. Ramesh Ganapathy, Ms. Subashini IM, Mr. Rajeev M, Ms. Kavya RB, Mr. Tharun Rajan AS and Mr. Santhiya V, Advocates.
