CHENNAI: A charitable trust has moved the Madras HC against actor Vijay and his party TVK alleging trademark and copyright violation for using the flag which is “identical and deceptively similar” to its registered flag and logo.
Justice Senthilkumar Ramamoorthy, before whom the civil suit by Thondai Mondala Sandror Dharma Paribalana Sabai came up for hearing, issued notice to Vijay and TVK directing to file a counter-affidavit in two weeks.
When the judge questioned whether the Trade Marks Act would be applicable for a political party’s flag, the petitioner’s counsel Ramesh Ganapathy submitted the Act would apply not only for goods and commercial service but also to the service of the trusts.
The trust sought the court to issue an injunction restraining Vijay and his party from using the flag. The judge said, “The larger question of whether the issue falls under the Trade Marks Act has to be examined.”
The plaintiff-trust submitted it has been using the trademark flag and logo since 2023 for providing social services. The trust alleged TVK has adopted the colour combination of red and yellow, specifically with three stripes with red on top and bottom and yellow in the middle and the circle design in the middle of the flag, to ride over the hard-earned goodwill and reputation of the trust.