Delhi HC Refers EBC–Rupa Trademark Row over ‘Coat-Pocket’ Constitution Edition to Mediation

The Delhi High Court has sent to mediation a trademark dispute between EBC Publishing and Rupa Publications over claims that their “coat-pocket” editions of the Constitution of India are deceptively similar.

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

Hearing the matter, Justice Manmeet Pritam Singh Arora recorded that the parties, without prejudice to their respective rights and contentions, had expressed willingness to have the matter referred to the Delhi High Court Mediation and Conciliation Centre.

“With the consent of the parties, the matter is referred to the Mediation Centre. The Organising Secretary is requested to appoint a Senior Mediator in this matter,” the Court directed.

The order came after Rupa Publications filed an application seeking to vacate the ex parte injunction earlier granted in favour of EBC Publishing.

Earlier, on September 25, the same Bench had granted an interim injunction against Rupa Publications, observing that its edition bore a 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 editions of the Constitution of India makes it prima facie evident that the impugned trade dress/design is deceptively similar,” the Court had noted, adding that such similarity could mislead an unwary consumer of average intelligence regarding the product’s source or origin.

Justice Arora had then held that EBC had established a prima facie case for injunction, noting that the continued sale of Rupa’s edition could cause irreparable harm to EBC’s goodwill and reputation. The Court also found the balance of convenience to lie in favour of protecting the established publisher.

During the latest hearing, the High Court referred the dispute to mediation with the consent of both parties and directed that, in the meantime, they complete pleadings and admission/denial of documents notwithstanding the mediation proceedings.

The matter is now listed for further hearing on November 20, 2025, at 3:30 p.m.

For Plaintiffs: Mr Raghavendra Mohan Bajaj, Mr. Shagun Agarwal and Mr. Zeeshan Ahmad, Advocates.

For Defendants: Mr. Rahul Sharma, Mr. Santanam Swaminadman, Mr. Anand Singh, Mr. Kartik Malhotra, Mr. Anindit Mandal & Ms. Darshitha, Advocates.

Case Title:  EBC Publishing (P) Ltd & Anr v. Rupa Publications India Private Limited

Bench: Justice Manmeet Pritam Singh Arora

Order Date: 6 November 2025