Delhi High Court Restrains Rupa Publications: Trade Dress Protection for EBC’s Coat-Pocket Constitution Edition
INTRODUCTION
The Delhi High Court recently delivered an important ruling in EBC Publishing Pvt. Ltd. & Anr. v. Rupa Publications India Pvt. Ltd., where it restrained Rupa Publications from publishing and selling its red-and-black coat-pocket edition of the Constitution. This case highlights the growing importance of trade dress protection and the application of passing off principles in the Indian publishing industry.
BACKGROUND
EBC (Eastern Book Company) is a reputed legal publisher known for its distinctive coat-pocket edition of the Constitution of India. Its edition features a recognizable red-and-black trade dress, with embossed gold detailing, gilt edges, and a particular font and layout style. Over time, this edition has gained goodwill and consumer recognition.
In 2024, EBC discovered that Rupa Publications was selling a similar coat-pocket edition of the Constitution, which allegedly copied EBC’s design, including the same color scheme, layout, and gold edging. EBC filed a suit before the Delhi High Court, claiming infringement of trade dress and passing off.
ISSUES BEFORE THE COURT
- Whether Rupa’s coat-pocket edition of the Constitution was deceptively similar to EBC’s edition.
- Whether EBC’s trade dress had acquired distinctiveness and was entitled to legal protection.
- Whether the similarity was likely to cause confusion among consumers in the market.
COURT’S FINDINGS
Justice Manmeet Pritam Singh Arora observed that: – The color combination, layout, font, and gold detailing of Rupa’s edition were strikingly similar to EBC’s. – Such similarities were likely to mislead an average consumer into believing that Rupa’s edition originated from or was connected with EBC. – The fact that both publishers cater to the same audience (law students, lawyers, professionals) further increased the risk of confusion.
The Court held that EBC had established a prima facie case, with balance of convenience in its favor, and that irreparable harm would be caused to its goodwill if Rupa continued sales.
DIRECTIONS ISSUED
The Delhi High Court granted an interim injunction and directed that: – Rupa Publications must cease printing, publishing, selling, and marketing its impugned edition. – All unsold copies must be recalled from the market. – Listings of the edition on e-commerce platforms like Amazon and Flipkart must be removed within two weeks. – The case is listed for further hearing on February 25, 2026.
LEGAL SIGNIFICANCE
This decision reinforces key principles of trade dress protection in India: – Trade dress includes not only trademarks or logos but also overall visual appearance, such as colors, fonts, layouts, and ornamentation. – Even if a single color cannot be monopolized, a distinctive color combination with consistent use can acquire secondary meaning and legal protection. – Passing off remedies are available where imitation of trade dress creates a likelihood of confusion among consumers.
Conclusion
The Delhi High Court’s order in EBC v. Rupa Publications serves as a strong reminder that publishers cannot imitate the distinctive get-up of a competitor’s product, even when the underlying content (like the Constitution) is in the public domain. By protecting EBC’s coat-pocket edition, the Court has upheld the principle that goodwill built through trade dress deserves legal recognition and protection.