CHENNAI: In a big relief to actor Vijay and his newly-floated Tamilaga Vetri Kazhagam (TVK) ahead of its much-trumpeted conference in Madurai later this week, the Madras High Court has refused to restrain them from using the party flag holding that the party’s flag “neither causes deception nor confusion” among the public.
The applications for interim injunctions were filed by the Thondaimandala Sandror Dharma Paribalana Sabai alleging trademark and copyright violations against TVK as its flag is identical and deceptively similar to its registered flag and logo.
The main suit is yet to be heard by the court.
Referring to the prayer for injunction under the Trademark Act, the judge noted that the trust has not got a separate registration for the colour combination of the flag.
He stated, on the assumption that the trust’s trademark is entitled to protection from violation by virtue of registration, a question arises whether the trademark has been infringed upon or not.
“It is no doubt essential features of a mark may be considered. Even so on a prima facie comparison, the colour scheme (of the flag) cannot be characterised as an essential feature,” he said.
Justice Senthilkumar Ramamoorthy held, “While minute comparison is not warranted, even when examined from the perspective of a person of average intelligence and in perfect recollection availing of the services of the trust, it cannot be said that the use of the impugned flag is likely cause deception or confusion among the public.”
Rejecting the application for interim injunction under the Copyright Act for copyright infringement, Justice Senthilkumar said, “On a prima facie comparison, it cannot be said the defendant’s (TVK) flag is a substantial copy of the plaintiff’s flag,”
He noted that the observations are tentative and intended only for the disposal of the interim applications.
Senior counsel Vijay Narayan appeared for Vijay and TVK while advocate Ramesh Ganapathy represented the trust.
The plaintiff-trust submitted that it has been using the trademark flag and logo since 2023 for providing personal and social services. Since the trade mark flag and logo is an original artistic work within the meaning of the Indian Copyrights Act, 1957, it has got the copyright and also entitled to protection under the Trademarks Act, 1999.
Stating that any layman will get confused as the trust’s trade mark and the TVK’s infringing flag are “identical and deceptively similar”, the trust alleged that the latter 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 the middle of the flag with the intention to ride over the hard earned goodwill and reputation of the trust.
Countering this argument, the TVK submitted that the right to use the flag arises not from a commercial interest. The use of a political flag is one, as a symbol of ideological identification and political mobilisation.
The design of the flag is not merely ornamental or incidental, it is a deeply intentional, ideologically expressive creation, rooted in Tamil history, culture and political symbolism, it had told the court.