Did Madras HC Just Issue a Notice to Actor Vijay and TVK Over Flag Design Copyright?
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Synopsis
In a significant legal development, the Madras High Court has issued a notice to Tamil actor Vijay and his party TVK concerning a lawsuit over flag design copyright. The plaintiffs allege trademark infringement and are seeking various forms of relief, including damages and an injunction. The next hearing is set for July 29.
Key Takeaways
- The Madras High Court has issued a notice to actor Vijay and TVK.
- The lawsuit alleges trademark and copyright infringement regarding the party's flag design.
- The plaintiffs have been using their flag in connection with social services since 2023.
- The case highlights the importance of intellectual property rights.
- The next court hearing is set for July 29.
Chennai, July 17 (NationPress) The Madras High Court has recently issued a notice to Tamil actor Vijay and his political entity, Tamilaga Vettri Kazhagam (TVK), in response to a civil lawsuit alleging trademark and copyright violations concerning the design of the party's flag.
Justice Senthilkumar Ramamoorthy delivered this order following a petition from G.B. Pachaiyappan and the trust he represents — Thondai Mandala Saandror Dharma Paribalana Sabai.
The case is scheduled for a subsequent hearing on July 29.
The plaintiffs argue that the flag of TVK, which was introduced in August 2024, bears a striking resemblance to their registered trademark, characterized by a red-yellow-red tricolor background and a central circular design.
According to trademark records, Pachaiyappan submitted an application for the registration of this mark on November 28, 2023, under Class 45, which covers personal and social services provided to fulfill individual needs.
The application, filed by Newton Reginald, includes the device mark inscribed with the text “Thondai Mandala Saandror Dharma Paribalana Sabai” alongside the Tamil slogan “VAAZHGA TAMIL – VALARGA THALAIMURAI,” translating to “Long Live Tamil – Grow Up Generation.”
The plaintiffs assert that they have utilized this flag since 2023 for their trust's social and personal service initiatives, which include producing a Tamil magazine titled Saandror Kural and managing a YouTube channel of the same name.
They further contend that the central circular design qualifies as an original artistic creation deserving of copyright protection, with the trademark officially registered under Class 45 on June 1, 2024.
In their lawsuit, the plaintiffs accuse TVK of intentionally using a similar flag in bad faith, constituting both trademark and copyright infringement.
They claim that this resemblance may confuse the public and improperly leverage the goodwill associated with their trust's identity.
The plaintiffs are pursuing multiple forms of relief from the court.
They have requested a permanent injunction to prevent actor Vijay and TVK from utilizing the allegedly infringing flag design. They are also seeking Rs 5 lakh in damages for infringement and misrepresentation. Additionally, they want a court mandate requiring the defendants to reveal any profits generated from the disputed flag's use.
The plaintiffs are also asking for the destruction of all infringing materials, including flags, printed materials, and advertisements, along with recovering court costs associated with the litigation.
Highlighting the urgency and potential for irreparable damage, the plaintiffs have requested exemption from the mandatory pre-suit mediation under Section 12A of the Commercial Courts Act.
Point of View
This case illustrates the complexities of intellectual property rights in the entertainment and political spheres. The allegations raised against actor Vijay and TVK highlight the necessity for clear guidelines and robust protections for creative works, underscoring a growing trend of legal scrutiny in these domains.
NationPress
17/07/2025
Frequently Asked Questions
What is the Madras High Court's involvement in this case?
The Madras High Court issued a notice to actor Vijay and his party, TVK, in response to a civil suit alleging trademark and copyright infringement regarding the party's flag design.
What are the allegations made by the plaintiffs?
The plaintiffs claim that TVK's flag design closely resembles their registered trademark and argue that this similarity could confuse the public and exploit their established goodwill.
What relief are the plaintiffs seeking?
The plaintiffs are requesting a permanent injunction against the use of the allegedly infringing flag, Rs 5 lakh in damages, and the disclosure of any profits generated from its use.
When is the next hearing scheduled?
The next hearing for this case is scheduled for July 29.
What does the trademark registration entail?
The trademark registration under Class 45 pertains to personal and social services, which the plaintiffs have been using since 2023.
