Delhi HC restrains Rupa from publishing, selling red-and-black pocket edition of Constitution
The court said it was "prima facie evident" that the Rupa publications' edition was "deceptively similar" to the one adopted by the Eastern Book Company.
The Delhi High Court has restrained Rupa Publications India Pvt. Ltd. from publishing or selling its red-and-black coat-pocket edition of the Constitution of India, after finding it "prima facie" similar to the same book published by Eastern Book Company.
Justice Manmeet Pritam Singh Arora passed the interim injunction on a suit filed by Eastern Book Company (EBC), saying both publications makes it "prima facie evident" that the Rupa's trade dress or design was "deceptively similar" to the one adopted by the EBC.
"The defendant (Rupa) 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," the court said on September 25.
He said a tabular comparison presented by the EBC showed Rupa had entirely copied the layout of it'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," the order said.
{{/usCountry}}"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 order said.
{{/usCountry}}The judge restrained Rupa from manufacturing, publishing, marketing, selling, or advertising its red-and-black coat-pocket edition of the Constitution by itself or by franchisees, dealers, distributors, or agents.
{{/usCountry}}The judge restrained Rupa from manufacturing, publishing, marketing, selling, or advertising its red-and-black coat-pocket edition of the Constitution by itself or by franchisees, dealers, distributors, or agents.
{{/usCountry}}The judge further directed Rupa to remove and recall all its unsold inventory of the edition from the market, and also remove its listings from all e-commerce platforms within two weeks and posted the matter for February 25, 2026.
{{/usCountry}}The judge further directed Rupa to remove and recall all its unsold inventory of the edition from the market, and also remove its listings from all e-commerce platforms within two weeks and posted the matter for February 25, 2026.
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