In a recent development in the Thalapathy Vijay party flag case in trademark dispute, the Madras High Court, on August 18, 2025, rejected an application seeking a temporary injunction against the use of Vijay’s party flag. Vijay and his newly launched political party, Tamilaga Vettri Kazhagam (TVK), and a charitable trust claiming ownership of a similar flag design are the center of this case. The Thalapathy Vijay party flag case has a long history, moving from notice to relief, and is now headed for appeal.
What’s the Background of Vijay’s Party Flag Dispute? From Notice to Relief
The legal battle started on July 17, 2025, when the Madras HC sent a formal notice to actor Vijay and his party. The notice came after a petition was filed by the charitable trust Thondai Mandala Saandror Dharma Paribalana Sabai, handled by trustee G.B. Pachaiyappan.
The trust claimed trademark infringement and copyright infringement of their rights, and they moved the court seeking strong remedies: a permanent ban on TVK’s flag, ₹5 lakh in damages, disclosure of any profits earned using the design, destruction of all related materials, and reimbursement of litigation costs.
Responding to the petition, the High Court scheduled its first round of hearings for July 29, 2025, and fixed a follow-up date for November 10, 2025, setting the stage for what was to become a prolonged courtroom battle.
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Why Did the Court Decline to Ban Vijay’s Party Flag?
After reviewing arguments, on August 18, 2025, the Madras High Court gave the reasons to reject the trust’s request for an interim injunction.
Copyright Infringement
Though TVK’s flag shares a similar colour base, it contained distinct elements. The trust’s flag, by contrast, featured a different central emblem. The judge ruled that TVK’s flag was not a substantial copy of the trust’s design.
Trademark Infringement
The trust did not hold a registration for the colour scheme alone. While the colours were similar, the overall presentation differed enough to avoid confusion for the average observer.
Passing Off
The trust failed to demonstrate that its flag had acquired public goodwill or recognition sufficient to sustain a passing-off claim. The court therefore held that there was no prima facie case to justify restraining TVK’s use of its flag, at least until a full trial is conducted.
Relief for Thalapathy Vijay: Madras HC Refuses Ban on TVK Party Flag in Trademark Dispute
The ruling permits Vijay and TVK to continue displaying their party flag, which stands as an important emblem of identity for the recently formed political movement. For the actor, who officially launched TVK in February 2024 and introduced the flag in August that same year, the order protects the party’s visual identity as it gears up for upcoming campaigns. But the wider dispute is still unresolved. The High Court made it clear that these remarks are only temporary findings.
What’s Next in Vijay’s Party Flag Case?
While the Madras High Court’s order is only interim, the bench stressed the need for a full trial to resolve the matter. A more detailed hearing has been scheduled for September 2025, where both the trust and TVK will have the chance to present additional documents, evidence, and legal arguments.
Depending on how the proceedings develop, the case could also progress to a higher court on appeal, particularly if either side is dissatisfied with the eventual verdict.
For now, Vijay’s party flag continues to fly, but the final judgment will decide whether TVK secures exclusive rights to its emblem or must face restrictions in the future.
Conclusion
The case is far from over. With detailed hearings scheduled for September 2025 and the possibility of appeals ahead, the final verdict will decide not just the fate of TVK’s flag but could also shape how intellectual property laws (IPR) are interpreted in the Indian political system.
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