Delhi HC Bars Rupa from Selling Coat-Pocket Constitution Edition Similar to EBC’s Trade Dress

The Delhi High Court has restrained Rupa Publications from manufacturing and selling its red-and-black “coat-pocket” edition of the Constitution of India, after finding the design deceptively similar to the one long used by Eastern Book Company (EBC).

Justice Manmeet Pritam Singh Arora, passing an interim injunction on September 25, noted that Rupa’s edition bore striking resemblance to EBC’s flagship product and was likely to mislead readers.

“A bare perusal of the plaint and comparison of the plaintiffs’ coat-pocket editions with the defendant’s impugned coat-pocket editions of the Constitution of India, it is prima facie evident that the impugned trade dress/design is deceptively similar to the trade dress adopted by the plaintiffs,” the court noted.

“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,” it added.

Court was dealing with a plea by EBC Publishing (P) Ltd. and its partnership firm with Eastern Book Company, which has been producing the portable “coat-pocket” Constitution since 2009 in a distinctive red-and-black colour scheme with gold leafing. Senior advocates Jayant Mehta and Swati Sukumar, appearing for the plaintiffs, argued that Rupa had copied EBC’s signature trade dress, including font style, layout, and design elements, in an attempt to pass off its edition as that of the plaintiffs.

No counsel appeared on behalf of Rupa despite advance service of the plaint, the court recorded.

EBC told the court that its pocket editions have become iconic and are widely used by lawyers, judges and the public alike. It said it has sold over one lakh copies and invested heavily in promoting the edition, which it described as a flagship publication. According to the plaint, Rupa’s imitation not only created confusion in the market but also led to a major setback in September this year, when an order for 18,000 copies placed with EBC was abruptly cancelled after the buyer was offered Rupa’s cheaper version.

Justice Arora, after comparing the two versions, held that EBC had made out a prima facie case for injunction. The court accepted that continued sale of Rupa’s edition would cause irreparable loss to EBC’s goodwill and reputation, and that the balance of convenience lay in favour of protecting the established publisher.

"In the overall conspectus, the plaintiffs have made out a prima facie case for the grant of an injunction against the defendant. This court is satisfied that if an interim injunction is not granted at this stage, irreparable harm/ injury would be caused to the plaintiffs. Balance of convenience also lies in favour of the plaintiffs, and against the defendant," the Court said.

In its directions, the court restrained Rupa, its directors, agents and distributors from manufacturing, publishing, marketing, soliciting orders, directly or indirectly selling/offering for sale, advertising, or dealing in any manner with the coat-pocket edition of the Constitution in a similar red-and-black trade dress.

It further ordered the recall of unsold stock from the market and directed removal of listings from e-commerce platforms.

For Plaintiffs: Mr. Jayant Mehta, Sr. Advocate and Ms. Swati Sukumar, Sr. Advocate with Mr. Raghavendra Mohan Bajaj, Ms. Garima Bajaj, Mr Shagun Agarwal, Mr. Zeephan Ahmed and Mr. Ritik Raghuvanshi, Advocates

For Defendants: None

Case Title: EBC Publishing Private Limited vs. Rupa Publications

Bench: Justice Manmeet Pritam Singh Arora

Order Date: 25 September 2025