Madras High Court Issues Notice To Actor Vijay In Trademark Infringement Suit Against His Party's Flag

The Madras High Court has issued notices to Actor Vijay and his party, “Tamilaga Vettri Kazhagam”, on a trademark infringement suit filed challenging the TVK party's flag. Justice Senthilkumar Ramamoorthy has issued notices to the actor and his party on a petition filed by G.B. Pachaiyappan, trustee of the Thondai Mandala Saandror Dharma Paribalana Sabai. The case has been posted to July 29. The plaintiff argued that the flag of Vijay's TVK party was deceptively similar to that of the Trust's trademark. It was submitted that by adopting a similar and identical flag, with yellow and red colour combination and three stripes, the party had imitated the Trust's unique, distinctive mark, causing confusion and deception, and thus amounting to trademark violation. The plaintiff submitted that their trust had been using the trademark since 2023. It was submitted that the trust had submitted for trademark registration on November 28, 2023, and the mark was registered on June 1, 2024. It was also submitted that the trust was working for the social needs of the people, representing underrepresented communities by voicing out their needs and issues. It was submitted that the trust had been using the mark as part of their services and had developed a considerable reputation and goodwill. Being proprietors of the registered mark, the trust argued that it was entitled to protection under the Trademarks Act 1999. The trust further argued that on coming to know about the party's flag, it had issued a legal notice. However, the party had submitted that it was not a trademark or copyright infringement as the party was not conducting any business or commercial activity. The trust argued that trademark and copyright protection was available to services as well. Thus, the trust had sought for a permanent injunction restraining the party from using the infringing mark. The trust has also sought for damages for a sum of Rs. 5,00,000. The trust has also asked the party to render true and faithful accounts of all profits made by the party. Case Title: GN Pachaiyappan and Another v. Tamilaga Vettri Kazhagam and Another Case No: OA 713 of 2025

Madras High Court Issues Notice To Actor Vijay In Trademark Infringement Suit Against His Party's Flag

Upasana Sajeev

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