AMMK leader T T V Dhinakaran today submitted in the Madras High Court that the ruling AIADMK cannot claim any monopoly over the colours red, black and white.
Dhinakaran's submission was in response to the court's direction to him to file a counter to a plea by the AIADMK seeking that he be stopped from using his party flag with black, white and red colours as it was deceptively similar to the AIADMK's flag.
It is because of the goodwill created by late MGR and Jayalalithaa that the AIADMK party has a unique place in the minds of the people and not by the flag, Dhinakaran, who recently launched the Amma Makkal Munnetra Kazhagam (AMMK), submitted.
"It is unlikely that the public would associate the AIADMK only with its colours and not to the name of the party or that of MGR and Jayalalithaa," he said.
In case of any Dravidian party, red and black colours with or without any other embellishment can never be monopolised, Dhinakaran submitted.
In his civil suit, plaintiff AIADMK co-coordinator and chief minister K Palaniswami sought a permanent injunction against Dhinakaran from using any colour similar to that of AIADMK flag.
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In his counter, Dhinakaran alleged that Palaniswami and deputy chief minister O Panneerselvam were feeling threatened by the "goodwill earned by him among the people".
He submitted that his victory in the RK Nagar assembly bypoll made it clear that he is the legal heir to AIADMK and sought dismissal of the application for injunction.
Justice CV Karthikeyan posted the matter for further hearing to April 11.
Palaniswami has submitted that the AIADMK flag was described in rule 4 of the Rules and Regulations of the party which stated that the upper half should be black, the lower half red and the bust of former chief minister C N Annadurai superimposed in white in the middle.
The flag set the AIADMK apart from the other parties and gave it a unique identity for four decades since its launch in 1972, he has contended.
He contended that if Dhinakaran was permitted to use the black, red and white colour flag, it would cause confusion among the general public.
Dhinakaran's party flag features the image of a smiling former chief minister Jayalalithaa. The flag is black on top and red below with white in the middle.