Delhi High Court Finds 'Konaflex' Deceptively Similar To 'Koanaflex', Grants Injunction To PVC Pipe Maker

The Delhi High Court has granted an interim injunction restraining a Jaunpur-based manufacturer of water storage tanks from using the mark "Konaflex" on its products, finding it deceptively similar to the "Koanaflex" mark and logo used by Modern Pipe Industries.

Justice Tushar Rao Gedela passed the order on May 29 while rejecting the defendant's objection to the Delhi High Court's territorial jurisdiction and restraining further use of the impugned mark pending the suit.

"Except for the first alphabet 'A' in 'KOANAFLEX', the mark of the defendant 'KONAFLEX' is not only almost identical but also deceptively similar. Apart from the visual and structural similarity, the phonetic similarity is uncanny," the Court observed.

Modern Pipe Industries, a Delhi-based partnership firm, claimed that it has been manufacturing and selling hose pipes and allied products under the mark "Koanaflex" since 1988.

The firm contended that during August-September 2025, it discovered that Rajkumar Maurya, proprietor of Satyam Industries in Jaunpur, was manufacturing and selling water storage tanks under the mark "Konaflex".

It alleged that the defendant had copied not only the name but also the font, stylisation, colour scheme and placement of its logo.

The Court observed that the letters in both marks were structured and stylised in a similar fashion and that the font, thick lettering and even the slight gap between the letters "A" and "F" were identical.

"When compared with the manner of placement of the logo/label on the products, i.e., the water storage tanks, one cannot really draw any distinction at all unless the marks observed are closely and carefully.", the court noted.

The Court further observed that the products were identical and that the trade channels, distribution networks and retailers would also be common.

"An unwary consumer with average intelligence and imperfect recollection shall surely be confused or deceived into believing the goods of the defendant as those of the plaintiff," the Court held.

The defendant contended that the mark "Konaflex" had been adopted because water storage tanks are installed in the corners of terraces, referred to as "KONA" in Hindi, and because the tanks were made of flexible material.

Rejecting the explanation, the Court observed:

"This explanation seems to be a copy of the justification provided by the plaintiff while adopting the mark 'KOANAFLEX'."

The court further observed that the explanation did not provide any justification for why the font used, the stylisation of the letters, the colour scheme and the placement of the mark on the products were almost identical or deceptively similar to the plaintiff's copyrighted mark.

The court also observed that the plaintiff had placed material on record showing use of the Koanaflex logo on social media from 2021 and invoices showing sales of water storage tanks under the mark from 2023 onwards, whereas the defendant had applied for registration of "KONAFLEX" on a proposed-to-be-used basis, and the first invoice showing sales under the mark was from January 2025.

On the issue of jurisdiction, the court observed that the plaintiff had asserted that the defendant's website was interactive and that the issue involved mixed questions of law and fact. Relying on a division bench decision, the court held that where a party has an interactive website accessible in a particular place, courts at that place would have territorial jurisdiction to try and adjudicate the suit.

The Court accordingly restrained the defendant from selling, offering for sale, advertising, dealing in products or otherwise using "KONAFLEX" or any mark identical or deceptively similar to "KOANAFLEX", and from reproducing, communicating or adapting the plaintiff's artistic work during the pendency of the suit.

The matter has been listed next on September 8, 2026.