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Tag: Deceptive similarity

trademark

Konaflex v. Koanaflex: One-Letter Trademark Injunction

The Delhi High Court has reaffirmed that trademark infringement does not require identical marks, only deceptive similarity. In Konaflex v. Koanaflex, the court examined whether adding a single vowel to a brand name sufficiently distinguishes it. Concluding that the marks were phonetically and visually indistinguishable in the trade, the court granted an injunction. This ruling emphasizes that courts prioritize the practical realities of how orders are placed—often orally—over technical spelling differences. For business owners, this highlights the risks of adopting marks that ride too closely to existing coined brands.

7 min read
trademark

Trademark Disputes: Why a Different Number Isn’t a Brand

The Liv-22 vs. Liv.52 dispute underscores a fundamental rule in Indian trademark law: changing a numeral is rarely enough to distinguish a brand. When a mark contains a dominant feature that has achieved significant market recognition, cosmetic alterations to suffixes or numbers are often dismissed by courts. This case reinforces that trademark protection focuses on consumer perception and the overall commercial impression of the brand rather than mechanical typography. For brand owners, this highlights the risks of attempting to piggyback on established goodwill through minor modifications.

3 min read