Latest news with #TrademarkAct
Hans India
a day ago
- Politics
- Hans India
Madras HC refuses to grant injunction to restrain Vijay's TVK from using flag
The Madras High Court on Monday declined to grant an interim injunction restraining actor Vijay's political party, Tamilaga Vettri Kazhagam (TVK), from using its flag, after a petition alleged infringement of trademark and copyright. The application was filed by G.B. Pachaiyappan, trustee of the Thondai Mandala Saandror Dharma Paribalana Sabai, who claimed that TVK's flag closely resembled the trust's registered trademark. He argued that both flags used a red-yellow-red colour scheme with three stripes, and that the similarity could cause confusion. The trust said it had registered its flag in November 2023 and had been using it since, contending that the design qualified as an artistic work entitled to protection. A bench of Justice Senthilkumar Ramamoorthy, however, rejected the plea for interim relief with the judge pointing out that though both flags shared similar colours, their overall features were different. The trust's flag contained a circle with a fish, a tiger, a bow and arrow, and the words 'Valarga Thalamurai'. In contrast, the TVK's flag displayed an oval featuring two elephants. "It cannot be said that the defendant's flag is a substantial copy," the bench held. Senior advocate Vijay Narayan, appearing for the TVK, argued that neither the trust nor the party was engaged in trade or commerce, and hence the Trademark Act did not apply. He further contended that the trust had not shown any loss or that the TVK had made unjust gains. While acknowledging some similarity in colours, he insisted that the overall look and style of the two flags were entirely different, ruling out the possibility of confusion. The court also rejected the claim of passing off, holding that the plaintiff had not proved the essential elements of goodwill, misrepresentation, and damage. On copyright infringement, it stressed that substantial copying must be established, which was not the case here. Concluding that no case had been made for interim relief, the court dismissed the application and adjourned the matter to September 22 for detailed consideration, noting that its observations were only tentative at this stage.
New Indian Express
a day ago
- Politics
- New Indian Express
Madras High Court refuses to restrain actor Vijay's TVK from using party flag
CHENNAI: In a big relief to actor Vijay and his newly-floated Tamilaga Vetri Kazhagam (TVK) ahead of its much-trumpeted conference in Madurai later this week, the Madras High Court has refused to restrain them from using the party flag holding that the party's flag 'neither causes deception nor confusion' among the public. The applications for interim injunctions were filed by the Thondaimandala Sandror Dharma Paribalana Sabai alleging trademark and copyright violations against TVK as its flag is identical and deceptively similar to its registered flag and logo. The main suit is yet to be heard by the court. Referring to the prayer for injunction under the Trademark Act, the judge noted that the trust has not got a separate registration for the colour combination of the flag. He stated, on the assumption that the trust's trademark is entitled to protection from violation by virtue of registration, a question arises whether the trademark has been infringed upon or not. 'It is no doubt essential features of a mark may be considered. Even so on a prima facie comparison, the colour scheme (of the flag) cannot be characterised as an essential feature,' he said. Justice Senthilkumar Ramamoorthy held, 'While minute comparison is not warranted, even when examined from the perspective of a person of average intelligence and in perfect recollection availing of the services of the trust, it cannot be said that the use of the impugned flag is likely cause deception or confusion among the public.' Rejecting the application for interim injunction under the Copyright Act for copyright infringement, Justice Senthilkumar said, 'On a prima facie comparison, it cannot be said the defendant's (TVK) flag is a substantial copy of the plaintiff's flag,'
Time of India
01-08-2025
- Politics
- Time of India
No copyright violation in flag design: TVK
Chennai: Tamilaga Vettri Kazhagam (TVK) informed the that its flag, alleged to be a lookalike of the Thondai Mandala Saandror Dharma Paribalana Sabai's flag — a Chennai-based welfare trust — does not amount to any copyright violation as it was not used by TVK for commercial purposes. Tired of too many ads? go ad free now "The flag was used as a symbol of ideological identification and political mobilisation. The attempt by the trust to stifle this right through an improper reading of intellectual property statutes is legally untenable and impermissible," TVK stated. The party added that the present case does not fall within the purview of commercial trademark enforcement and must be treated as an attempt to suppress political participation through strategic litigation. The submissions were made on Wednesday in response to the plea moved by the trust seeking to restrain TVK from using the tricolour flag, which, according to the trust, was deceptively similar to its own flag. According to the petitioner-trust, TVK's flag infringes their registered trademark under Class 45 and violates copyright laws. Opposing the plea, TVK contended that its flag is used solely for political purposes and not for any trade or commercial activity. As such, the Trademarks Act and Copyright Act are inapplicable. The flag is a symbol of ideological identity, not a commercial brand, the party argued. As per the Trademark Act, marks must be used 'in the course of trade'. Since TVK does not provide goods or services and no commercial link exists between the flag and any trade activity, the trust's trademark under Class 45 relates to 'personal and social services', which the party is not engaged in. Tired of too many ads? go ad free now TVK claimed that the design, symbol, and ideology of their flag are distinct and independently developed, including unique elements like the Vaagai flower (symbol of victory), twin war elephants (Tamil military history), and 28 stars in green and blue (representing harmony and inclusiveness). The colour scheme (deep maroon and yellow) is deeply tied to Tamil culture. Therefore, the party requested the court to dismiss the suit as frivolous, vexatious, and filed with mala fide intent. Recording the submissions, Justice Senthilkumar Ramamoorthy adjourned the hearing to August 11.
Time of India
24-07-2025
- Business
- Time of India
McPatel takes on McDonald's over ‘Mc' monopoly
In what promises to be the mother of all delicious legal battles over the use of 'Mc', which means 'son of', a local food company, McPatel Foods Pvt Ltd, has dragged global fast-food giant McDonald's Corporation to the court. The Ahmedabad -based firm, which sells French fries under the brand 'Ohh! Potato', filed a trademark suit accusing McDonald's of issuing 'groundless threats' over its use of the prefix. Last month, McPatel moved the Ahmedabad rural court, seeking to restrain McDonald's from objecting to the use of 'Mc' in its name. The suit was filed under Section 142 of the Trademark Act to prevent the multinational company from issuing 'groundless threats'. According to senior counsel H S Tolia, representing McPatel, 'McDonald's issued a notice to McPatel claiming that the prefix Mc is its identity and insisted that the local company should stop using this prefix or else it would take legal action. Since initiating mediation proceedings is a prerequisite before filing a commercial suit, McDonald's instituted mediation proceedings in the Delhi high court and McPatel participated in it. However, McDonald's was adamant that McPatel must not use Mc in its trademark and the parties could not reach any compromise.' 'Since the mediation proceedings did not yield any result, McPatel filed a suit in the Ahmedabad rural court, seeking to restrain McDonald's from threatening it with legal action,' added Tolia. 'This is because McPatel is entitled to use the prefix Mc on several counts. We contend that the prefix Mc is very generic, and it means 'son of'. By citing different examples of the use of this prefix, we have stated that the name suggests the son of Patel. It is aimed at honouring the Patel community .' The court has issued a notice to McDonald's and scheduled a hearing on the matter for July 28.
Time of India
23-07-2025
- Business
- Time of India
McPatel takes on McDonald's over ‘Mc' monopoly
Ahmedabad: In what promises to be the mother of all delicious legal battles over the use of 'Mc', which means 'son of', a local food company, McPatel Foods Pvt Ltd, has dragged global fast-food giant McDonald's Corporation to the court. Tired of too many ads? go ad free now The Ahmedabad-based firm, which sells French fries under the brand 'Ohh! Potato', filed a trademark suit accusing McDonald's of issuing "groundless threats" over its use of the prefix. Last month, McPatel moved the Ahmedabad rural court, seeking to restrain McDonald's from objecting to the use of 'Mc' in its name. The suit was filed under Section 142 of the Trademark Act to prevent the multinational company from issuing "groundless threats". According to senior counsel H S Tolia, representing McPatel, "McDonald's issued a notice to McPatel claiming that the prefix Mc is its identity and insisted that the local company should stop using this prefix or else it would take legal action. Since initiating mediation proceedings is a prerequisite before filing a commercial suit, McDonald's instituted mediation proceedings in the Delhi high court and McPatel participated in it. However, McDonald's was adamant that McPatel must not use Mc in its trademark and the parties could not reach any compromise." "Since the mediation proceedings did not yield any result, McPatel filed a suit in the Ahmedabad rural court, seeking to restrain McDonald's from threatening it with legal action," added Tolia. "This is because McPatel is entitled to use the prefix Mc on several counts. We contend that the prefix Mc is very generic, and it means 'son of'. By citing different examples of the use of this prefix, we have stated that the name suggests the son of Patel. It is aimed at honouring the Patel community." The court has issued a notice to McDonald's and scheduled a hearing on the matter for July 28.
