Recently, a major update came from the Madras High Court. The court has issued a notice to popular Tamil actor Joseph Vijay, widely known as Thalapathy Vijay, in connection with a trademark infringement case involving the flag of his newly formed political party, Tamizhaga Vetri Kazhagam (TVK). But for a better understanding, we need to look deep into this case.
Vijay vs. the Trademark: Where It All Began
The legal dispute was started by the charitable organization Thondai Mandala Saandror Dharma Paribalana Sabai, represented by its trustee G.B. Pachaiyappan, against actor-turned-politician Vijay. The trust contends that the emblem used on the flag of Vijay’s political outfit, Tamilaga Vettri Kazhagam (TVK), is very similar to their registered logo, which has been in use since 2023 across multiple services.
On the other hand, Vijay’s political party, Tamilaga Vettri Kazhagam (TVK), was founded by him on February 2, 2024, with the party’s flag and symbol officially unveiled on August 22, 2024.
On July 17, 2025, Justice Senthilkumar Ramamoorthy of the Madras High Court issued notices to actor Vijay and his political party, TVK, in connection with the trademark infringement case.
The trust wants a permanent ban on Vijay and TVK using the flag, ₹5 lakh in damages, details of any profits made from the flag, destruction of related materials, and repayment of court costs. They also requested to skip pre-suit mediation because of the urgency. The Madras High Court has sent a notice to Vijay and TVK, and the next hearing is on July 29, 2025.
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How Similar Are TVK’s Flag and the Trust’s Trademark?
The flag of Vijay’s party, which was launched on August 22, 2024, features a horizontal red-yellow-red tricolor with a central circular emblem that symbolizes unity, justice, and Tamil identity.
The trust’s flag and registered trademark have displayed a red-yellow-red tricolor pattern with a central circular symbol since 2023. The trust formally applied for trademark registration on November 28, 2023, and the design was officially registered on June 1, 2024. According to the trust, their flag has been used in various social service activities, including publications and digital platforms, and qualifies as an original artistic work protected under both trademark and copyright law.
However, this flag has come under the legal lens due to its similarity to the emblem of a charitable trust, Thondai Mandala Saandror Dharma Paribalana Sabai.
The visual and structural similarities between the two flags have led the trust to file a lawsuit against Vijay and TVK, alleging trademark infringement and passing off, as the design could potentially mislead the public and dilute the trust’s identity.
How Has the Madras High Court Responded to the Trust’s Infringement Claims Against TVK?
In the ongoing legal dispute involving actor Vijay and his political party, Tamilaga Vettri Kazhagam (TVK), the Madras High Court, led by Justice Senthilkumar Ramamoorthy, issued formal notices on July 17, 2025, asking Vijay and TVK to submit their written responses within two weeks. The judge asked whether trademark law can be applied to the flag of a political party, especially since the trust’s mark is registered under Class 45, which covers social and community services rather than commercial products. Considering the urgency of the issue, the court allowed the case to proceed without the usual requirement for pre-litigation mediation, noting that delays could cause significant harm. While no final decision has been made yet, the court has outlined the main concerns: the similar look of the flags, the chance of misleading the public, and whether TVK intentionally copied the trust’s design.
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Understanding the Case Through a Legal Lens
The case is based on alleged misuse of design rights under Indian law. According to the Trade Marks Act, 1999, it’s illegal to use a design that looks confusingly similar to a registered symbol, even if it’s not for business purposes, if it could mislead people. The trust has officially registered its flag under Class 45, which relates to social and community services.
Under the Copyright Act, 1957, original designs—such as flags—are recognized as artistic works and enjoy legal protection. The trust claimed that it was the real owner and user of the flag design.
The Madras High Court also agreed to skip the usual pre-case mediation, allowed under the Commercial Courts Act, 2015, because the matter was considered urgent and serious.
What Lies Ahead in the Vijay–TVK Flag Dispute?
Scheduled Hearing—July 29, 2025
The Madras High Court has listed the case for its next session on July 29, 2025, by which time Vijay and TVK are required to file their official reply to the trust’s allegations.
Follow-Up Hearing—November 10, 2025
A subsequent date has been fixed for November 10, 2025, where the court is expected to continue examining the case, including any additional documentation, legal arguments, or interim applications.
Conclusion:
The case against Vijay and TVK highlights the growing importance of intellectual property in political branding. With upcoming hearings set, the Madras High Court’s decision could have lasting implications on how symbols and visual identities are protected—even beyond commercial use.
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