Madras High Court issues notice to actor Vijay in trademark infringement suit over party flag

The Madras High Court on Thursday issued notice to actor Vijay and his political party Tamilaga Vettri Kazhagam (TVK) in a civil suit alleging trademark and copyright infringement in relation to the party’s flag design. [GB Pachaiyappan v. Tamilaga Vettri Kazhagam].The notice was issued by Justice Senthilkumar Ramamoorthy on a plea filed by one GB Pachaiyappan and the trust he represents—Thondai Mandala Saandror Dharma Paribalana Sabai. The matter will be heard next on July 29..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.As per trademark records, Pachaiyappan 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 application was filed in his individual capacity through his counsel Newton Reginald, and includes the device mark with the text “THONDAI MANDALA SAANDROR DHARMA PARIBALANA SABAI” along with the Tamil tagline “VAAZHGA TAMIL – VALARGA THALAIMURAI.” The English translation reads: “Thondai Zone Witnesses Virtue Upkeep Council; Long Live Tamil – Grow Up Generation.”.According to the suit, 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. The mark was registered under Class 45 on June 1, 2024, and 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. The plaintiffs claim the adoption 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;An order directing the defendants to render accounts of profits made using the infringing mark;Destruction of all infringing material including flags, printed matter, and advertisements;Court costs.The plaintiffs have also sought exemption from pre-suit mediation under Section 12A of the Commercial Courts Act, citing urgency and irreparable harm..The plaintiffs were represented by Advocates Ramesh Ganapathy, Subashini IM, Rajeev M, Kavya RB, Tharun Rajan AS and Santhiya V.