The Delhi High Court recently restrained Rupa Publications India Pvt. Ltd. They are barred from publishing or selling its coat-pocket edition of the Constitution of India. The court held that the edition appeared deceptively similar to the iconic red-and-black edition published by Eastern Book Company (EBC).
Justice Manmeet Pritam Singh Arora passed the interim injunction order on a suit filed by EBC, noting that the competing editions were prima facie 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 observed.
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EBC and its publishing arm, Eastern Publishing Pvt. Ltd., argued that since 2009, they have been producing portable coat-pocket editions of bare acts, featuring a distinctive red-and-black colour combination, specific font, gold leafing, and thin bible paper. These editions have built significant goodwill and are widely used by lawyers, judges, politicians, and the general public.
Senior Advocates Jayant Mehta and Swati Sukumar, representing EBC, contended that Rupa Publications imitated essential features of their trade dress, marketing the competing edition both online and offline. They claimed that in September 2025, EBC lost a confirmed order of 18,000 copies after the buyer was misled by Rupa’s claims of a similar but cheaper edition.
Justice Arora cited the Delhi High Court’s earlier ruling in Colgate Palmolive Co. v. Anchor Health and Beauty Care Pvt. Ltd., emphasizing that while a single colour cannot be monopolized, 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 potential irreparable harm to EBC, the Court held that the balance of convenience lay in the plaintiff’s favor. The Court restrained Rupa Publications and its associates from manufacturing, publishing, marketing, soliciting orders, selling, advertising, or otherwise dealing in any coat-pocket edition with a trade dress similar to EBC’s iconic red-and-black edition.
The Court also directed Rupa to recall any unsold stock and remove listings from all e-commerce platforms. Similar orders were passed against Young Global Publications and Professional Book Publishers. EBC was represented by Senior Advocates Rajshekar Rao, Abhishek Malhotra, and J. Sai Deepak in these proceedings.
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This ruling showcases the Delhi High Court’s ongoing focus on protecting distinctive trade dress. It also emphasizes the goodwill built by publishers in the competitive market for legal literature.
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