Brief Legal News Write-Up
M/s Modern Pipe Industries v. Raj Kumar Maurya, Proprietor of M/s Konaflex Industries
Date of Judgment: 29.05.2026 : Case No.: C.O. (COMM.IPD-TM) 283/2025 & CS(COMM) 1402/2025 : Neutral Citation: 2026:DHC:4508 : Court: High Court of Delhi : Hon'ble Judge: Justice Tushar Rao Gedela
The Court considered a dispute concerning copyright infringement, passing off, and deceptive similarity of trademarks used in relation to water storage tanks. The case arose from allegations that the defendant adopted and used the mark and logo “KONAFLEX”, which was deceptively similar to the plaintiff’s mark and artistic work “KOANAFLEX”.
The principal question before the Court was whether the defendant’s use of “KONAFLEX” infringed the plaintiff’s copyright and amounted to passing off by creating a likelihood of confusion among consumers.
After examining the material on record and the submissions of the parties, Justice Tushar Rao Gedela observed that the rival marks were visually, structurally, and phonetically almost identical, differing only by the inclusion of the letter “A” in the plaintiff’s mark. The Court found that the plaintiff was the prior user of the mark and had established substantial goodwill and reputation through long-standing use and promotion.
The Court held that the defendant’s mark “KONAFLEX” was deceptively similar to “KOANAFLEX” and was likely to confuse consumers with average intelligence and imperfect recollection. The Court emphasized that prior user rights, goodwill, and the overall similarity of the competing marks justified protection in favour of the plaintiff.
Accordingly, the Court allowed the interim injunction application and restrained the defendant from using the mark “KONAFLEX” or any deceptively similar mark and from reproducing or adapting the plaintiff’s artistic work during the pendency of the suit.
Disclaimer: Readers are advised not treat this as a substitute for legal advise as it is based on limited information and is intended solely for general informational purposes.
Delhi High Court Grants Interim Injunction in KOANAFLEX–KONAFLEX Trademark and Copyright Dispute
Introduction
The Delhi High Court’s decision in M/s Modern Pipe Industries v. Raj Kumar Maurya, Proprietor of M/s Konaflex Industries is an important ruling on trademark protection, copyright in artistic labels, and the doctrine of passing off. The judgment highlights the protection available to businesses that have built goodwill in a mark over years of commercial use and reinforces the principle that deceptively similar marks cannot be adopted merely by making minor alterations.
The case is significant for manufacturers, brand owners, intellectual property practitioners, and businesses operating in competitive markets. It demonstrates how courts assess visual, phonetic, and structural similarity between rival marks and how prior use can outweigh subsequent claims based on registration.
The ruling also clarifies the approach to be adopted while considering interim injunction applications in intellectual property disputes and emphasizes the importance of protecting established goodwill from misappropriation.
Factual and Procedural Background
The plaintiff, M/s Modern Pipe Industries, instituted a commercial intellectual property suit alleging infringement of copyright in its artistic logo and passing off arising from the defendant’s use of the mark “KONAFLEX”. The plaintiff claimed rights in the mark and artistic work “KOANAFLEX”, which had allegedly been created in 2018 and used extensively in relation to water storage tanks and related products. The plaintiff asserted that it had promoted the mark through social media, advertisements, and commercial sales and had acquired substantial goodwill and reputation in the market.
The plaintiff placed on record invoices, promotional material, and evidence of commercial use to establish its reputation and market presence. It also asserted that the mark “KOANAFLEX” had been used in relation to its products for many years and had become associated with the plaintiff in the minds of consumers.
The defendant adopted the mark “KONAFLEX” and applied for registration in November 2024 on a proposed-to-be-used basis. The plaintiff alleged that the defendant’s mark and logo were almost identical to its own artistic work and were likely to mislead consumers. The plaintiff therefore sought interim relief restraining the defendant from using the impugned mark and logo.
The defendant opposed the application and raised objections relating to territorial jurisdiction, originality of the plaintiff’s artistic work, and the plaintiff’s entitlement to claim exclusive rights. The defendant also argued that the plaintiff’s own mark was under challenge in another proceeding and therefore the plaintiff was not entitled to equitable relief.
Dispute Before the Court
The primary issue before the Court was whether the defendant’s mark “KONAFLEX” and corresponding logo were deceptively similar to the plaintiff’s mark and artistic work “KOANAFLEX”.
The Court was required to determine whether the plaintiff had established a prima facie case of copyright infringement and passing off, whether the plaintiff was the prior user of the mark, and whether the balance of convenience justified grant of an interim injunction.
The defendant argued that the plaintiff’s mark itself was under challenge, that territorial jurisdiction was lacking, and that the plaintiff had failed to establish originality in the artistic work. The plaintiff, on the other hand, contended that it was the prior adopter and user and that the defendant had copied not only the word mark but also the overall visual presentation and stylization of the logo.
Reasoning and Analysis of the Court
The Court reiterated that at the stage of considering an ad interim injunction application, the enquiry is limited to determining whether the plaintiff has established a prima facie case, whether the balance of convenience lies in its favour, and whether irreparable injury would result in the absence of protection.
Upon comparing the competing marks, the Court found that the defendant’s mark “KONAFLEX” was almost identical to “KOANAFLEX”. The Court observed that the visual presentation, lettering style, font, colour scheme, and placement of the marks on the products were substantially similar. Apart from the absence of the letter “A” in the defendant’s mark, there was virtually no distinguishing feature. The Court further held that the phonetic similarity between the marks was striking and likely to create confusion among consumers.
The Court noted that both parties dealt in identical products, namely water storage tanks, and therefore the trade channels, retailers, and consumer base were also common. An ordinary purchaser exercising average caution was likely to assume an association between the two products. Applying the settled test of an unwary consumer with imperfect recollection, the Court concluded that deception and confusion were highly probable.
The Court relied upon the Supreme Court’s decision in Neon Laboratories Ltd. v. Medical Technologies Ltd. & Ors., (2016) 2 SCC 672, which recognizes the significance of prior user rights in trademark disputes. The Court found that the plaintiff had established earlier adoption and use, whereas the defendant’s application was filed only in 2024 and commercial use commenced thereafter.
The Court also referred to the Division Bench judgment in Kohinoor Seeds Fields India Pvt. Ltd. v. Veda Seeds Science Pvt. Ltd., FAO(OS)(COMM) 66/2025, decided on 03.12.2025, while rejecting the objection regarding territorial jurisdiction. The Court held that the issue required detailed examination at trial and that the existence of an interactive website accessible in Delhi was sufficient at the interim stage to sustain jurisdiction.
While dealing with the defendant’s argument that another party had challenged the plaintiff’s mark “KOANAFLEX”, the Court held that mere pendency of such proceedings could not deprive the plaintiff of interim protection. The effect of those proceedings would be assessed at the appropriate stage and did not disentitle the plaintiff from seeking relief in the present case.
The Court was also not persuaded by the defendant’s explanation regarding adoption of the mark “KONAFLEX”. It found that the explanation closely mirrored the plaintiff’s own explanation for adoption and failed to account for the striking similarity in stylization, font, colour scheme, and presentation. This weakened the credibility of the defendant’s defence.
After considering the evidence relating to goodwill, sales, promotional expenditure, prior adoption, and market presence, the Court concluded that the plaintiff had established a strong prima facie case warranting immediate protection.
Final Decision of the Court
The Delhi High Court granted an interim injunction in favour of the plaintiff and restrained the defendant, its agents, representatives, affiliates, and persons acting on its behalf from using the mark “KONAFLEX” or any other identical or deceptively similar mark during the pendency of the suit.
The Court further restrained the defendant from reproducing, communicating, adapting, or otherwise using any artistic work identical or substantially similar to the plaintiff’s copyrighted artistic work. The interim applications were disposed of in terms of the directions issued, while clarifying that the observations were confined to the adjudication of the interim relief applications and would not affect the final merits of the suit.
Point of Law Settled
The judgment reinforces that prior user rights remain a powerful basis for obtaining protection in passing off and copyright infringement actions, even where the defendant possesses a trademark registration application.
The decision further establishes that courts will examine overall visual impression, phonetic similarity, stylization, colour scheme, and market circumstances while assessing deceptive similarity. Minor spelling variations cannot shield a party from liability when the overall commercial impression of the competing marks remains substantially the same.
The ruling also reiterates that pending challenges against a plaintiff’s mark do not automatically deprive the plaintiff of interim protection where a strong prima facie case and substantial goodwill have been established.
Case Details:
Title of the Case: Modern Pipe Industries Vs Raj Kumar Maurya, Proprietor of M/s Konaflex Industries
Date of Judgment/Order: 29.05.2026
Case Number: C.O. (COMM.IPD-TM) 283/2025 & CS(COMM) 1402/2025
Neutral Citation: 2026:DHC:4508
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Justice Tushar Rao Gedela
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: Images used herein do not reflect actual images used in Judgement and that the same are for illustrative purpose only. Readers are advised not to treat this as substitute for legal advice as it may contain errors in perception, interpretation, and presentation.
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Headnote of the Judgment:
M/s Modern Pipe Industries v. Raj Kumar Maurya, Proprietor of M/s Konaflex Industries, Delhi High Court, C.O. (COMM.IPD-TM) 283/2025 & CS(COMM) 1402/2025, decided on 29.05.2026. The plaintiff sought interim protection against the defendant’s use of the mark “KONAFLEX” and a similar logo in relation to water storage tanks, alleging copyright infringement and passing off of its mark “KOANAFLEX”. The Court found that the competing marks were visually, structurally, and phonetically similar and that the plaintiff had established prior adoption, prior use, and substantial goodwill. Holding that confusion among consumers was likely, the Court granted an interim injunction restraining use of “KONAFLEX” and any substantially similar artistic work during the pendency of the suit.
Infographic Thumbnail Prompt:
Create a professional legal news YouTube thumbnail featuring the Delhi High Court building, large water storage tanks, trademark certificates, intellectual property law symbols, courtroom visuals, legal documents, and scales of justice. Prominently display the words “KOANAFLEX” and “KONAFLEX” side by side with a bold “VS” symbol and highlight their visual and phonetic similarity. Include headlines reading “DELHI HC GRANTS INJUNCTION”, “KONAFLEX RESTRICTED”, and “TRADEMARK & COPYRIGHT DISPUTE”. Use a modern red, blue, black, and gold legal-news theme. Show confusion arrows between competing brands, copyright symbols, trademark icons, and an injunction stamp. Emphasize prior user rights, passing off, goodwill, and deceptive similarity. Use attached image as Image of lawyer in lawyers dress at left bottom corner which should cover 20 % of entire image area.
