Chennai: The Madras High Court on Thursday issued a notice to Tamil actor-turned-politician Vijay and his political party, Tamilaga Vettri Kazhagam (TVK), in a civil suit alleging trademark and copyright infringement concerning the party’s flag design.
Justice Senthilkumar Ramamoorthy passed the order on a plea filed by G.B. Pachaiyappan and the trust he represents, Thondai Mandala Saandror Dharma Paribalana Sabai. The matter is scheduled for the next hearing on July 29.
According to the petitioners, the TVK flag, unveiled in August 2024, closely resembles their registered trademark—a red-yellow-red tricolour background with a central circular motif. Trademark records show that Pachaiyappan applied for registration of the design on November 28, 2023, under Class 45, which includes personal and social services intended to meet individual needs.
Filed through advocate Newton Reginald, the application also features the trust's name and a tagline in Tamil, “VAAZHGA TAMIL – VALARGA THALAIMURAI,” translated as “Long Live Tamil – Grow Up Generation.” The plaintiffs claim to have used this design since 2023 in association with the trust’s activities, including publishing the Tamil magazine *Saandror Kural* and running a YouTube channel under the same title.
The trust asserts that the circular motif at the centre qualifies as an original artistic work protected under copyright law. The mark was officially registered on June 1, 2024.
In their suit, the plaintiffs allege that TVK’s adoption of a similar flag was a deliberate act made in bad faith and constitutes both trademark and copyright infringement. They argue that the resemblance is likely to mislead the public and unfairly leverage the trust’s established identity and goodwill.
The plaintiffs are seeking multiple legal remedies, including a permanent injunction to prevent Vijay and TVK from using the disputed flag. They are also demanding ₹5 lakh in damages for alleged infringement and passing off. Additionally, they have sought a directive for the defendants to disclose any profits made from using the flag.
Further reliefs requested include the destruction of all infringing materials—such as printed matter, advertisements, and flags—and recovery of legal costs. Emphasising urgency and the possibility of irreparable harm, the plaintiffs have also sought exemption from the requirement of pre-suit mediation under Section 12A of the Commercial Courts Act.
With IANS inputs