Recently, Eastern Book Company (EBC) filed a suit against another publisher to protect its distinctive trade dress in its ‘coat-pocket’ edition of the Constitution of India. The Plaintiff has been offering ‘coat-pocket’ editions since 2009. These editions feature a signature black-red color combination, specific font style, gold leafing, and thin bible paper, which has created an overall distinctive appearance. The Plaintiff argued that the Defendant started publishing a deceptively similar coat-pocket edition of the Constitution, using identical trade dress elements and selling it through the same online and offline channels. Upon comparison, the Court observed that the rival editions revealed similarities in color scheme, text, font, gilt edging, and embossed gold detailing. Both parties operate in the same business, target the same customers, and use identical distribution channels, creating a strong likelihood of confusion. Further, the Court also observed that the Defendants are selling their editions at lower prices.
Considering these factors, the Court held that the Plaintiff has made out a prima facie case for an interim injunction, and restrained the Defendants from manufacturing, selling, marketing, or listing any coat-pocket editions of the Constitution in a trade dress similar to that of EBC. The Court clarified that this direction does not extend to any other editions/publications offered by the Defendants.
Source: EBC Publishing Private Ltd & Anr. v. Professional Book Publishers [CS(COMM) 1035/2025]