Overview

• A division bench of Justices G Jayachandran and Mummineni Sudheer Kumar issued notice to Vijay and his party and posted the case for hearing after six weeks.
• The appeal was filed by Thondai Mandala Saandror Dharma Paribalana Sabai seeking to bar Tamilaga Vettri Kazhagam from using its flag.
• The single judge on August 18 declined an interim injunction, finding no prima facie copyright infringement and holding that passing off was not established.
• The trust alleges the TVK flag is deceptively similar to its mark, citing a red and yellow colour scheme with three stripes and claiming use since 2023 with a trademark application filed in November 2023.
• TVK counters that trademark law concerns goods or services in commerce, argues neither side is engaged in trade, and says the overall look of the two flags is distinct.