The Madras High Court on Thursday issued a notice to actor-turned-politician Vijay and his party, Tamilaga Vettri Kazhagam, following a lawsuit that accuses them of copying a flag design protected under trademark and copyright laws.
Justice Senthilkumar Ramamoorthy directed the notice in response to a civil suit filed by GB Pachaiyappan and the trust he represents, Thondai Mandala Saandror Dharma Paribalana Sabai, who allege that TVK’s flag is a direct imitation of their registered design. The matter is set to be heard again on July 29.
Disputed Design & Claims Of Prior Use
According to the plaintiffs, the flag adopted by TVK in August 2024 bears striking resemblance to their own—featuring a red-yellow-red colour scheme with a circular symbol in the center. They argue this design has been in use by their trust since 2023 for social and cultural activities and was officially registered as a trademark on June 1, 2024, under Class 45, which pertains to personal and community services.
The mark also includes the Tamil phrase “VAAZHGA TAMIL – VALARGA THALAIMURAI”, translating to “Long Live Tamil – Let the Next Generation Rise.” The trust claims this branding is part of their identity, including a magazine and YouTube channel titled Saandror Kural.
Copyright, Trademark Infringement Alleged
The suit accuses Vijay and TVK of both copyright and trademark infringement, alleging that the party’s use of a nearly identical flag could confuse the public and dilute the trust’s established reputation. The plaintiffs also contend that the central motif on the flag is an original artistic work and is protected under copyright law.
Further, the petition claims the party acted in bad faith, seeking to unfairly capitalize on the goodwill associated with the trust’s symbol and identity.
Plaintiffs Seek Injunction, Compensation, & Ban On Usage
The lawsuit seeks a permanent injunction restraining Vijay and TVK from using the disputed flag design, along with:
- ₹5 lakh in damages for infringement and misrepresentation
- Full disclosure of profits earned using the flag
- Destruction of all materials bearing the alleged infringing design
Legal Costs Related To The proceedings
Due to the urgency of the matter, the plaintiffs have requested exemption from pre-suit mediation under Section 12A of the Commercial Courts Act, citing potential irreparable harm.
The petitioners are represented by a legal team including Ramesh Ganapathy, Subashini IM, Rajeev M, Kavya RB, Tharun Rajan AS, and Santhiya V.
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