EBC v. Rupa trademark case in Delhi High Court over red-black mini Constitution goes to mediation

The Delhi High Court recently referred to mediation the trademark case filed by Eastern Book Company (EBC) against Rupa Publications India over similarities between EBC's red and black, coat-pocket edition of the Constitution of India and a similar product launched by Rupa [EBC Publishing Private Limited vs. Rupa Publications].

Justice Manmeet Pritam Singh Arora has referred the dispute to the Delhi High Court Mediation and Conciliation Centre. 

"With the consent of parties, the matter is referred to the Mediation Centre. Organising Secretary is requested to appoint a Senior Mediator in this matter. List before the Mediation Centre," the Court's November 6 order said.

The parties have been directed to appear before the Mediation Centre on November 20.

The Court had earlier passed an interim order restraining Rupa from publishing or selling the coat-pocket edition on finding that it closely resembled EBC's signature product.

Rupa has now filed an application to vacate this ex-parte interim injunction order. The Court on November 6 also sought EBC's response to this application.

The matter will be heard by the Court next on December 17.

In its trademark suit, EBC argued that since 2009, they have been producing portable “coat-pocket” editions of bare acts, marked by a distinctive red-and-black colour combination, specific font, gold leafing, and thin bible paper.

EBC had also contended that Rupa was imitating its layout and presentation style for their own listings on e-commerce platforms such as Amazon, Flipkart, third-party online channels, as well as at retail stores.  

EBC added that owing to such imitation, an order for 18,000 units of the coat-pocket edition of the Constitution of India was abruptly cancelled solely on account of Rupa Publication's misrepresentation to the buyer that its coat-pocket edition of the Constitution of India is identical and cheaper.

In September, the Court granted EBC interim relief by restraining Rupa from selling such red-and-black coat-pocket editions of the Constitution.

The Court, at the time, reasoned that, prima facie, Rupa's product was deceptively similar to EBC's and likely to cause confusion among consumers.

The Court had also directed the recall of unsold stock in its September 25 order.

Advocates Raghavendra Mohan Bajaj, Shagun Agarwal and Zeeshan Ahmad appeared for EBC.

Advocates Rahul Sharma, Santanam Swaminadman, Anand Singh, Kartik Malhotra, Anindit Mandal and Darshitha appeared for Rupa.

[Read order]