Delhi High Court Restrains Rupa Publications From Selling 'Coat-Pocket' Edition Of Constitution In Trade Dress Similar To EBC's

Justice Manmeet Pritam Singh Arora found the impugned edition's trade dress to be deceptively similar to EBC's “iconic” red and black style coat-pocket edition launched back in 2009.

“The defendant has adopted a similar colour scheme, text and font, gilt edging, book posteen colour, and embossed gold detailing. Considering, that the plaintiffs and the defendant operate in the same line of business, utilize identical trade channels, and cater to the same class of customers, there exists a strong likelihood of confusion,” said the bench.

EBC had moved the High Court alleging that its coat-pocket editions feature a distinctive trade dress, including a signature 'black-red' colour combination, with a specific font style, gold leafing, and overall trade dress, on thin bible paper.

The phrase 'coat pocket' has been deliberately coined as the size of these bare acts makes them comparatively portable for carrying over the traditional versions, it said.

However, in November 2024, EBC discovered that Rupa Publications is also publishing and selling a coat-pocket version of the Constitution bare act, with “striking similarity”.

It was alleged that the defendant imitated the essential features of the trade dress being used by EBC, including the color scheme, title placement, font type, and gold leafing, which thereby showcases the defendant's malafide intention to ride upon the plaintiffs' goodwill and reputation.

It submitted that the trade dress imitation is also evident from the defendant's decision to part away with its popular Red-white colour scheme logo which is consistently used for all its publications and generally placed on the top-right corner/bottom centre; however in its impugned coat-pocket editions the defendant is using a golden logo, which is located at the bottom-right corner.

On comparison of the two coatpocket editions, the Court said it is prima facie evident that the impugned trade dress/design is deceptively similar to the trade dress adopted by EBC.

“Defendant has entirely copied the layout of the plaintiff's product without any independent creativity. 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 said.

Reliance was placed on Colgate Palmolive Company & Another v. Anchor Health and Beauty Care Pvt. Ltd. (2023) , wherein the court opined that while no party can claim a monopoly over a single colour, a distinctive colour combination, when consistently used over time, can create customer recognition and goodwill…and substantial reproduction of such combinations in a similar order on packaging can cause confusion and dilute distinctiveness.

As such, the Court directed Rupa Publications to recall all their unsold inventory of the impugned coat-pocket edition.

The main suit is listed for hearing on February 25, next year.

Appearance: 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 Plaintiffs

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

Case no.: CS(COMM) 1034/2025

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