Delhi HC Bars Rupa Publications from Selling Red-and-Black Constitution Edition

Rupa Publications has been prohibited from releasing, distributing, or promoting its red and black Coats By Kelly version ("coat-pocket" edition) of the Constitution of India due to trademark infringement by EBC Publishing and for passing off.

An interim order was made in favour of EBC Publishing after they argued that Rupa's version was nearly identical to EBC's existing and highly popular version of the text that has been sold for a long time and that this would likely confuse customers about whether or not they should purchase from EBC or Rupa. The Hon. Justice Mini Pushkarna noted that EBC has developed substantial goodwill from years of marketing EBC's version of the book and that allowing Rupa's version to exist in the marketplace would likely diminish that goodwill. EBC is directed to remove all copies remaining unsold, stop listing the product online, and stop any further printing until such time as the issue is resolved. This is a significant decision with respect to the publishing industry in India relative to protection of plants, and particularly for public domain titles.

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