ORDER :

Dr. G. Jayachandran, J.

1. Suit filed under the Copyright Act, 1957 for injunction against the defendant, not to use the registered artistic work of the plaintiff pertaining to their flag and logo. The plaintiff is a non political organisation. Whereas, the defendant is a registered political party. The flag which is the subject matter of this suit is the depiction of Red-white-Red colour combination in equal portion in rectangular shape.

2. Plaint averment in brief:

The plaintiff is a society registered under the Tamil Nadu Society Registration Act on 11/05/2008. For the purpose of educating the Christian community about the thrust on constitutional vision for a secular and egalitarian society in India, especially in the context of Tamil Nadu, the plaintiff society, was formed with non-political, secular objectives. Flag (Rectangular in size; divided into three equal parts; Upper and Lower parts in Red colour and middle part in white colour) and the logo a burning lamp with the words 'irul ethirthu oli valarpoom' of the society was designed to reflect the goals of the plaintiff society and launched on 11/05/2008, which was the "Pentecost Sunday", the foundation day of the entire church. Before the launch of the society, the Bishops issued pastoral letters in March, 2008 to all churches to make use of the flag and logo in all the public functions. On 11/05/2008, the launching of the society with hoisting of flag ceremony was held from Chennai to Kanhiyakumari in various villages and towns.

3. The society applied for registration of copyright of the artistic work in the flag and the logo and it was duly registered by the Registrar of Copyrights, New Delhi on 15/10/2010 under registration No. A/89135/2010 (Logo LAMP) and in registration No. A/89136/2010 (depiction of FLAG). The registration is valid and subsisting. The plaintiff society is conducting programmes like distribution of notebooks, school uniforms and dress materials for poor; blood donation; distribution of scholarship and loans for the minorities under the banner of its flag and logo. This flag is used by Christians on the occasion of the marriages, family functions, school functions," sports events, condolence and feasts.

4. While so, the defendant, a political party has started using the flag of the plaintiff depicting the red-white-red colour combination. It is nothing but copycat of the geometrical shape and colour of the plaintiff's flag. The defendant action in so copying outright the original registered artistic work belonging to the plaintiff is only to gain political mileage out of the social and charitable works carried out by the plaintiff over the years and goodwill enjoyed by the services of the plaintiff society and the services of the Christian community represented by the plaintiff. The act of the defendant is deceitful and is calculated to indulge in creating confusion and deception to lure the members of the public by using the flag and logo of the plaintiff. The defendant's infringement of the flag and logo of the plaintiff has the potential of exposing the Christian community, to political violence. The members of the plaintiff society apprehend unnecessary trouble due to the infringement and passing off of the flag and logo of the plaintiff by the defendant.

5. The plaintiff prayed for:-

"A) for a permanent injunction restraining the defendant or their men, agents, servants, directors, representatives, successors, assignees or anybody claiming through them from in any manner infringing the copyright of the plaintiff by use of identical or deceptively similar flag, stationary or waving, or in any other manner whatsoever by unlawful reproduction of the original artistic work of the plaintiff;

B) for a perpetual injunction restraining the defendant, their men, agents, servants, directors, successors, assignees, representatives, or anyone claiming through them from passing off and/or enabling passing off by use of identical or deceptively similar