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Madras High Court Rejects Trust’s Bid to Halt Vijay’s Party Flag Use

The bench deemed red-yellow stripes too common to constitute prima facie copying, setting a September 22 date for detailed hearings.

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Overview

  • The High Court refused the trust’s application for an interim injunction against Tamilaga Vettri Kazhagam’s use of its red-yellow-red party flag with a central emblem.
  • Justice Senthilkumar Ramamoorthy found no substantial copying under copyright law and dismissed the infringement claim at this stage.
  • The court rejected the trust’s passing-off petition after concluding it had not demonstrated goodwill, misrepresentation or damage.
  • The judge noted that shared colour schemes are commonplace in flags and do not by themselves create a likelihood of public confusion.
  • The ruling is interim and tentative, with a full hearing on trademark and copyright issues scheduled for September 22.