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Madras High Court Serves Notice to Vijay’s TVK Over Flag Design Dispute

The court will examine if trademark protections apply to Vijay’s TVK flag design after the party files its response ahead of the July 29 hearing.

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Overview

  • On July 17, Justice Senthilkumar Ramamoorthy issued notices to actor-politician Vijay and his party Tamilaga Vettri Kazhagam (TVK) in a suit over a flag allegedly mirroring a Chennai trust’s trademark and copyrighted emblem.
  • Thondai Mandala Saandror Dharma Paribalana Sabai registered its red-yellow-red tricolour and circular motif under Class 45 on June 1, 2024, and has used it on its Tamil monthly magazine and YouTube channel since 2023.
  • The suit contends that TVK’s August 2024 flag is both visually and conceptually similar to the trust’s mark, risking public confusion between the social service trust and the political party.
  • TVK denies any commercial use of the flag and argues that social service activities fall outside trademark infringement, as asserted in its May 31 response to the trust’s legal notice.
  • The trust is seeking a permanent injunction, ₹5 lakh in damages, destruction of infringing materials and an accounting of profits, with the next hearing set for July 29.