Flag case: Madras HC asks Dhinakaran to file counter affidavit by March 27

Chennai: Madras high court has granted time till March 27 to TTV Dhinakaran to file his counter affidavit in response to the suit filed by AIADMK, which sought to restrain him and his party Amma Makkal Munnetra Kazhagam from using any flag deceptively similar to AIADMK's flag using the same black, white and red colour combinations of AIADMK's flag.

When the suit filed by AIADMK party's joint coordinator Edappadi K. Palanisami, which also sought Rs 25 lakh as damages from Dhinakaran for allegedly causing damage to the goodwill of AIADMK by such use of the flag or the colour combination, came up for hearing before Justice C.V. Karthikeyan, senior counsel P.S. Raman appearing for Dinakaran submitted that though the counter affidavit is ready, Dhinakaran is not available to sign it as he is attending the funeral of Natarajan and sought time.

Acceding to his request, the judge posted to March 27, further hearing of the case.In his suit, Palaniswami submitted that the two leaves and tri-colour flag were the identities of members of AIADMK for over 45 years.

The colour combination and the same flag has been used by AIADMK since its founding in 1972.

The colour combination has become synonymous with AIADMK and gives it a unique identity. General public will immediately associate this colour combination with AIADMK. Such was the power of four decades of use of this combination to signify AIADMK and its leadership and activities, he added.Dhinakaran was an erstwhile member of the party, who was expelled by the general secretary J.Jayalalithaa on December 19, 2011. He has no right to use its flag.

 Delhi high court has only permitted him to use “pressure cooker” symbol and not AIADMK's name or flag. However, Dhinakaran intends to misuse AIADMK's flag thereby deceiving public and AIADMK loyal followers. If Dhinakaran was permitted to use the flag and the unique black, red and white colour combinations of AIADMK in any deceptively misleading flag and the colour combination having acquired secondary meaning through four decade of consistent use, he would cause confusion amongst the public.

Moreover, his proposed use of the unique colour combination was intended to piggyback on the goodwill and reputation of AIADMK acquired through four decades of hard work, seven successful terms of being in power in the state and doing service for the public, he added.