Delhi High Court Grants Interim Injunction in Trade Dress Infringement Case
EBC Publishing Secures Protection for Its Iconic "Coat Pocket" Edition of Constitution of India Against Rupa Publications
In a significant ruling delivered by the Delhi High Court, EBC Publishing (P) Ltd has been granted an interim injunction against Rupa Publications India Private Limited, effectively restraining the latter from producing and marketing products that imitate the distinctive trade dress of EBC’s iconic "Coat Pocket" edition of the Constitution of India. This decision was rendered by Justice Manmeet Pritam Singh Arora on September 25, 2025, in the matter of CS(COMM) 1034 of 2025.
The case revolves around the issue of passing off, a key aspect of intellectual property law concerning the protection of distinctive trade dress. EBC Publishing alleged that Rupa Publications was selling a "Coat Pocket" version of the Constitution of India which bore striking similarities to EBC’s own product. These similarities included specific color schemes, font styles, and design elements that EBC argued were likely to cause confusion among consumers and dilute their established goodwill.
The Court, after examining the evidence, agreed that there was a prima facie case for passing off. It noted that the defendant's product was deceptively similar to EBC’s, employing a similar color scheme, font, and layout, which could mislead consumers regarding the origin of the product. The Court emphasized the significance of trade dress in identifying the source of goods and protecting the goodwill of a business.
In its ruling, the Court referenced the prior judgment in "Colgate Palmolive Company v. Anchor Health and Beauty Care Pvt. Ltd." to underscore the importance of protecting a distinctive trade dress under intellectual property laws. It highlighted that while no entity can claim a monopoly over a single color, a unique color combination used consistently can develop customer recognition and goodwill.
The interim injunction prevents Rupa Publications from manufacturing, marketing, or selling any products with a trade dress similar to EBC’s "Coat Pocket" edition. Additionally, Rupa is required to recall its inventory from the market and remove any listings from online platforms.
This decision underscores the Court’s commitment to upholding the rights of businesses to protect their distinctive products from unfair imitation. It also serves as a reminder of the robust protection available under Indian intellectual property laws for trade dress and the importance of maintaining the integrity of business goodwill.
Bottom Line:
Intellectual Property Rights - Passing Off - Interim injunction granted to protect distinctive trade dress, layout, and overall presentation of plaintiffs' product; the court observed that the defendant's imitation of trade dress likely to cause confusion among consumers and dilute the goodwill of the plaintiffs.
Statutory provision(s): Code of Civil Procedure, 1908, Order XXXIX Rules 1 and 2, Commercial Courts Act, 2015, Section 12A, Section 151 of CPC
