New Delhi: The Delhi High Court has restrained Rupa Publications India Pvt. Ltd. from publishing or selling its coat-pocket edition of the Constitution of India, after finding it deceptively similar to Eastern Book Company’s (EBC) iconic red-and-black edition.

Court ruling and rationale
Justice Manmeet Pritam Singh Arora passed the interim injunction in a suit filed by EBC, observing that the editions were likely to confuse consumers. The court noted that “to an unwary consumer, the defendant’s edition may appear identical to the plaintiff’s, misleading them regarding the source of the product.”

EBC’s claim
EBC and its publishing arm, Eastern Publishing Pvt. Ltd., have been producing portable “coat-pocket” editions since 2009, featuring a distinctive red-and-black colour scheme, specific font, gold leafing, and thin bible paper. The editions are widely used by lawyers, judges, politicians, and the public. Senior Advocates Jayant Mehta and Swati Sukumar argued that Rupa imitated essential features of their trade dress, including colour scheme, font, gold detailing, and layout, marketing the edition through online and offline channels. EBC reported losing a confirmed order of 18,000 copies due to consumer confusion.

Legal precedent and protection
Justice Arora cited the Delhi High Court’s earlier Colgate Palmolive Co. v. Anchor Health and Beauty Care Pvt. Ltd. ruling, which upheld protection for distinctive combinations consistently used over time. The court emphasised that trade dress, including colour, layout, and design, identifies the source of goods and is strongly protected against imitation.

Orders and implications
The court restrained Rupa Publications and its associates from manufacturing, publishing, selling, or advertising the contested edition in a similar trade dress. It also directed the recall of unsold stock from all 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.

Conclusion
The interim order underscores the importance of protecting trade dress in publishing and preventing consumer confusion in the market for legal reference materials.