Delhi HC restrains Rupa Publications from selling 'coat-pocket' Constitution bare act

New Delhi, Sep 29 The Delhi High Court has restrained Rupa Publications India Pvt Ltd from publishing and selling its "coat-pocket" edition of the Constitution of India, holding that the design was deceptively similar to the red-and-black editions published by the Eastern Book Company (EBC).

"The defendant (Rupa Publications) has adopted a similar colour scheme, text and font, gilt edging, book posteen colour, and embossed gold detailing. Considering that the plaintiffs (EBC) and the defendant operate in the same line of business, utilise identical trade channels, and cater to the same class of customers, there exists a strong likelihood of confusion," a single-judge Bench of Justice Manmeet Pritam Singh Arora observed.

While granting an interim injunction, Justice Arora said that Rupa Publications "copied" the layout of the EBC’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 added.

The suit filed by the EBC, which has been publishing compact "coat-pocket" bare acts since 2009, alleged that Rupa Publications had copied its distinctive trade dress, including the black-and-red cover design, gold leafing, and specific font style.

The suit argued that the defendant’s editions "bear striking similarity to the plaintiffs’ coat-pocket editions of bare acts" and that Rupa Publications "showcases malafide intention to ride upon the plaintiffs’ goodwill and reputation".

The plaintiffs also pointed out that Rupa Publications had even altered its longstanding red-white logo to adopt a golden logo at the same position as the EBC’s mark, indicating the defendant's intent to "pass off".

Justice Arora took note of the submission that the EBC have made substantial investments in advertising their “coat-pocket” editions and has incurred expenses exceeding Rs 75 lakh.

Since 2010, the plaintiffs have sold over 1,04,805 copies of such editions.

Further, they highlighted that a search of Rupa Publications’ website revealed that the defendant neither sells nor publishes any other law books or publications and is exclusively offering the "coat-pocket" editions of the Constitution of India.

Highlighting the commercial impact, the EBC submitted that in September 2025, the company suffered a major setback when an order for 18,000 copies was cancelled after Rupa Publications allegedly misrepresented its edition as an identical but cheaper alternative.

In its order, the Delhi High Court relied on precedents protecting "trade dress", holding that long-standing use of a distinctive design acquires goodwill and secondary meaning in the market.

"Trade dress, which includes colour combination, layout, container shape, and overall design, enjoys strong protection against imitation, as it identifies the source of goods. Even if minor differences exist in style, graphics, or textures, long-standing use in the market gives the product a secondary meaning and reinforces its reputation and goodwill," it said.

Observing that the balance of convenience lies in favour of the EBC, Justice Arora ordered Rupa Publications to immediately stop the manufacture, sale, and advertisement of its coat-pocket Constitution bare acts, recall unsold inventory, and remove listings from e-commerce platforms.

The matter will next be heard on February 25 next year.

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