Trade Mark, Copyright and Passing Off Claims The plaintiffs are a trustee and a public trust engaged in providing educational and social welfare services. They claimed proprietorship over a flag design adopted by the trust, which was also registered as a trade mark in Class 45. They alleged that the defendants, a political party and its president, adopted a flag that was identical or deceptively similar in design and colour scheme. The plaintiffs also claimed copyright over the artistic work in the flag and filed a suit seeking interim injunctions on the grounds of trade mark infringement, copyright infringement, and passing off.<\/p>\n
The court stated that even unregistered artistic works are protected under the Copyright Act. It assumed for the interim stage that the plaintiffs’ flag qualifies as an artistic work. However, the court said that copyright infringement requires substantial copying. Upon comparing both flags, the court observed that although both used similar colour schemes (red or maroon and yellow), the design elements, such as central devices and imagery, were different. According to the court, the defendants’ flag was not a substantial copy of the plaintiffs’ flag.<\/p>\n
Noting that the plaintiffs\u2019 trade mark registration was in Class 45 for social services, the court observed that whether not-for-profit services qualified as trade under the Trade Marks Act would require further examination. Assuming the mark was valid for the interim stage, the court stated that the plaintiffs\u2019 mark was a composite one, and protection did not extend to individual elements such as colour combination. The court stated that the impugned flag did not adopt the essential features of the plaintiffs\u2019 mark, and concluded that no likelihood of deception or confusion was established.<\/p>\n
The court stated that a claim for passing off must establish goodwill, misrepresentation, and damage. It examined the plaintiffs\u2019 financial documents and found that they did not show sufficient reputation or public recognition. As the trust had been recently formed, and the extent of its activities and beneficiaries was unclear, the court stated that the plaintiffs had not established goodwill or misrepresentation and therefore could not sustain a claim for passing off.<\/p>\n
The court dismissed the interim applications for trade mark infringement, copyright infringement, and passing off. The court clarified that its findings were prima facie and limited to the interim stage.<\/p>\n
G B Pachaiyappan vs Tamilaga Vettri Kazhagam, O.A.Nos.713 to 715 of 2025 in C.S.(Comm.Div) No.178 of 2025, Madras High Court, decided on 18 August 2025.<\/p>\n