Delhi High Court restrains Rupa from selling red-and-black ‘coat-pocket’ Constitution resembling EBC’s

The Delhi High Court recently restrained Rupa Publications India Pvt. Ltd. from publishing or selling its coat-pocket edition of the Constitution of India, after finding that the trade dress appeared to be deceptively similar to the red-and-black edition published by Eastern Book Company (EBC) [EBC Publishing Private Limited vs. Rupa Publications].

Justice Manmeet Pritam Singh Arora passed the interim injunction order on a suit filed by EBC. The Court observed that the competing editions of the Constitution coat pocket edition were, prima facie, deceptively similar and likely to cause confusion among consumers.

“To an unwary consumer of average intelligence and imperfect recollection, the trade dress of the defendant’s impugned coat-pocket editions is likely to appear identical to that of the plaintiffs’ coat-pocket editions. Such a similarity is likely to mislead consumers regarding the source or origin of the said products,” the Court noted.

EBC and its publishing arm Eastern Publishing Pvt. Ltd. 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. These editions, described as one of their flagship products, have built immense goodwill and are widely used by lawyers, judges, politicians and the general public.

Senior Advocates Jayant Mehta and Swati Sukumar, appearing for the plaintiffs, contended that Rupa Publications had imitated essential features of their trade dress, including the colour scheme, font style, gold detailing, and layout, while marketing the competing edition through online and offline channels. They alleged that in September 2025, EBC lost a confirmed order of 18,000 copies after the buyer was misled by Rupa’s claims that its edition was identical but cheaper.

Justice Arora relied on the Delhi High Court’s earlier ruling in Colgate Palmolive Co. v. Anchor Health and Beauty Care Pvt. Ltd., which held that while no party can monopolise a single colour, a distinctive combination consistently used over time enjoys protection under intellectual property law.

“Trade dress, which includes colour combination, layout, container shape, and overall design, enjoys strong protection against imitation, as it identifies the source of goods,” the order recorded.

Finding a strong likelihood of confusion and irreparable harm to the plaintiffs, the Court ruled that balance of convenience lay in EBC's favour.

Issuing directions, the Court restrained Rupa Publications and its associates from dealing in the contested design.

It ordered that Rupa is restrained from manufacturing, publishing, marketing, soliciting orders, directly or indirectly selling or offering for sale, advertising, or dealing in any manner, the ‘coat pocket’ edition in a trade dress similar to that used by the EBC's in the iconic red and black style.

It further directed the recall of unsold stock, stating,

“The defendant (Rupa) … [shall] remove any/all and recall their unsold inventory … and remove their listings or listings of the third parties … from all the e-commerce platforms."

The Court also passed similar orders against Young Global Publications and Professional Book Publishers as well. EBC was represented by Senior Advocates Rajshekar Rao, Abhishek Malhotra and J. Sai Deepak in these cases.

The senior counsel representing EBC were briefed by Advocates Raghavendra Mohan Bajaj, Garima Bajaj, Shagun Agarwal, Zeephan Ahmed and Ritik Raghuvanshi.

[Read Orders]