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Madras High Court Declines Plea Against Actor Vijay’s Party Flag in Trademark Dispute

Prince V.

Madras High Court refused to grant interim injunction against actor Vijay’s Tamilaga Vetrri Kazhagam party flag, rejecting claims of trademark and copyright infringement raised by a Trust.

Madras High Court Declines Plea Against Actor Vijay’s Party Flag in Trademark Dispute

The Madras High Court has declined to stop actor Vijay’s political party, Tamilaga Vetrri Kazhagam (TVK), from using its party flag, despite a petition alleging trademark and copyright violations. The court observed that the case did not merit an interim injunction at this stage.

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Dispute Over Flag Design

The case was initiated by G.B. Pachaiyappan, trustee of Thondai Mandala Saandror Dharma Paribalana Sabai, who claimed that the TVK flag closely resembled the Trust’s registered emblem. According to the petitioner, both flags shared a red and yellow colour pattern, which could mislead the public and cause confusion.

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He argued that the Trust had obtained registration for its flag in November 2023, making it a protected trademark as well as an artistic work eligible for copyright protection.

Representing TVK, Senior Advocate Vijay Narayan opposed the petition, stating that neither the Trust nor the political party was engaged in trade or commerce, which is essential for trademark protection. He further argued that while the colour schemes might look alike, the overall appearance, devices, and symbols on both flags were completely different.

Narayan added that the plaintiff had not demonstrated any financial loss or shown that TVK had gained unfair advantage through the use of its flag.

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Justice Senthilkumar Ramamoorthy ruled that copyright infringement requires evidence of substantial copying, which was absent in this case.

Quoting from the order, the judge observed:
"Both flags may share a similar colour arrangement, but the central devices and artistic expressions are entirely different. It cannot be held that the defendant’s flag is a substantial copy of the plaintiff’s flag."

The court compared the Trust’s flag, which features a circular emblem with a fish, tiger, and bow-and-arrow, against the TVK flag, which depicts elephants within an oval frame. The judge concluded that the two designs were distinct despite the common red-yellow-red pattern.

On the question of trademark infringement, the court noted that colour schemes alone could not be considered an essential feature of a registered mark.

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Even a person of average intelligence would not confuse the defendant’s flag with the plaintiff’s mark, the court remarked.

Case Title: GB Pachaiyappan and Another v. Tamilaga Vettri Kazhagam and Another
Case No.: OA 713 of 2025

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