Madras High Court refuses interim relief in TVK flag dispute case

The Madras High Court on Monday (August 18, 2025) refused to grant interim relief in a civil suit filed against Tamilaga Vettri Kazhagam (TVK) and its president, C. Joseph Vijay for having allegedly used a “deceptively” similar colour combination in his party flag as that of Thondai Mandala Saandror Dharma Paribalana Sabai, a registered trust based in Mylapore, Chennai.

Justice Senthilkumar Ramamoorthy rejected an application filed by the trustee G.B. Pachaiyappan to restrain TVK and its leader from using the party flag. The judge however left open all issues to be decided during the final hearing of a civil suit filed jointly by the trust as well as its trustee alleging infringement of its registered trademark with identical colour combination.

Earlier, senior counsel Vijay Narayan, assisted by K. Gowtham Kumar, argued on behalf of TVK that the issue of trademark infringement would not arise at all in the case of a political party flag. TVK does not use the flag in the course of any trade. Therefore, the very premise for the filing of the instant civil suit was flawed and it was a wrong understanding of the Trademarks Act of 1999, he said.

Stating that TVK’s flag had been conceived and adopted solely as a medium of political expression, he said, the flag was adopted by the party on August 22, 2024 after extensive deliberations between the party founders, artists and ideologues. “The design of the flag is not merely ornamental or incidental, it is a deeply intentional and ideologically expressive creation rooted in Tamil history, culture, and political symbolism,” he added.

In his counter affidavit, TVK’s general secretary Anand alias N. Bussy Anand said, the top and bottom bands of the flag were rendered in a deep maroon reminiscent of the dark blood like colour – red. “Traditionally, this colour represents revolution, discipline, responsibility, critical thought, and intensity of action. Maroon is also visually striking, attracting attention and evoking seriousness and control,” he added.

According to him, the yellow band in the centre of the flag represents joy, hope, aspiration, mental clarity, enthusiasm, energy and memory. “This symbolizes the determined forward march toward goals with positivity and resolve. At the heart of the flag is the Vaagai flower, historically a symbol of victory,” Mr. Anand said and asserted the party flag had nothing to do with the plaintiff’s trademark.

“Literature recounts kings and warriors wearing the Vaagai flower upon returning victorious from battle. In some traditions, warriors wear the Vaagai flower even before setting out for the battle, as a declaration of assured triumph of the Tamil people… Thus, the flag of the TVK is not a mere combination of colours and shapes, but a carefully curated expression meant to inspire unity, cultural pride, historical continuity, social commitment, and democratic aspiration,” the counter affidavit read.