Introduction

In the dynamic world of publishing, legal disputes often arise when established companies seek to protect their intellectual property against alleged infringements. A notable recent case is EBC Publishing (P) Ltd & Anr. v. Rupa Publications India Private Limited, where two prominent Indian publishing houses found themselves at the centre of a contentious legal battle. The plaintiffs, EBC Publishing, known for their specialized legal materials, took legal action against Rupa Publications, alleging the release of a coat-pocket edition that closely mimics EBC's distinctive trade dress. This case highlights critical issues surrounding trademark rights, market confusion, and the importance of originality in publishing. As the legal proceedings unfold, the implications of this dispute are expected to resonate beyond the parties involved, influencing the landscape of intellectual property protection within the publishing industry.

Let’s look at the background of the two publishing houses below.

EBC Group

The EBC Group, founded in 1942 by the Malik brothers in Lucknow, is a leading entity in legal publishing in India. It publishes a variety of legal materials, including commentaries, student texts, law reports, and digests, expanding into both print and electronic formats. The group aims to offer reliable legal resources to support professionals, students, and institutions in navigating the law.

Key products include:

1. Supreme Court Cases (SCC): Established in 1969, SCC is a prominent law report cited frequently by various courts.

2. SCC Complete Digest: A comprehensive 45-volume index of Indian Supreme Court case law from 1950 onwards.

3. SCC Online: An extensive legal database providing access to Indian and international legal resources, favoured by legal professionals.

4. EBC Webstore: The largest online legal store in India, offering over 300,000 legal titles in various formats.

5. EBC Reader: An app for reading legal eBooks on multiple devices with interactive features.

6. EBC Learning: Provides a library of self-paced and instructor-led courses designed to enhance legal education and practice-ready skills.

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Rupa Publications

Rupa Publications, founded in 1936 in Calcutta by D. Mehra and was later joined by his brother, N.D. Mehra, began as a book distributor before growing into one of India's leading publishing houses. Its origins trace back to a chance encounter between D. Mehra and bookseller K. Jackson Marshall, which led him to the book trade. The company's first logo was designed by filmmaker Satyajit Ray, who accepted books as payment. The company has continued to innovate by expanding its reach through imprints such as Aleph Book Company for literary fiction and Maven for business books. Additionally, it has embraced digital publishing and e-commerce to remain relevant in a changing market. Their diverse catalogue includes non-fiction works like “Mann Ki Baat” by Prime Minister Narendra Modi and “The Presidential Years” by Pranab Mukherjee, alongside biographies of notable figures from various fields. Rupa Publications, well-known for its biographies and autobiographies of prominent personalities, continues to thrive by publishing a wide range of authors, including fiction and non-fiction works. As they look ahead, Rupa plans to release exciting new titles from established and emerging authors, solidifying their reputation as a significant player in the publishing industry while maintaining a commitment to quality and variety.

In EBC Publishing (P) Ltd & Anr. v. Rupa Publications India Private Limited, CS(COMM) 1034/2025 & I.As. 24282-85/2025, the Hon’ble High Court of Delhi addressed a dispute between the two publishing companies. The plaintiffs, EBC Publishing, are well-known for their law-related content and have been marketing their "COAT POCKET edition" of the Bare Acts of the Constitution of India since 2009. They allege that Rupa Publications, the defendant, has released a similar coat-pocket edition that closely mimics their trade dress, including the color scheme, font, gold leaf, and overall presentation. The plaintiffs have claimed significant investment and goodwill tied to their edition and assert that the defendant's actions have led to confusion in the market and financial loss. Despite the plaintiffs sending a cease-and-desist notice, the defendant did not stop.

The key issues in this case revolve around whether the defendant’s publication constitutes passing off and whether the plaintiffs are entitled to an interim injunction. The plaintiffs argue that the resemblance to their product is deliberate, aimed at exploiting their established reputation and causing confusion among consumers. The Plaintiffs established a prima facie case for an injunction, referencing “Colgate Palmolive Company & Another v. Anchor Health and Beauty Care Pvt. Ltd., 2023 SCC OnLine Del 1005,” concerning the legal protectability of trade dress and color combinations. On the other hand, the defendant neither appeared nor presented any arguments in their defence. Ultimately, the court found that the defendant's trade dress is indeed deceptively similar to that of the plaintiffs, which is likely to mislead customers. The plaintiffs successfully demonstrated a strong case for an injunction, referencing prior legal precedents that support the protection of trade dress and color combinations, further solidifying their position in this matter.

A decision has been made to grant an interim injunction, which means that the defendant and their agents are now prohibited from manufacturing, publishing, and marketing, selling, or advertising the controversial coat-pocket edition that resembles the plaintiffs’ iconic red and black style. Additionally, the defendant was directed to remove and recall all unsold inventory and listings of the infringing edition from all platforms. They were expected to ensure compliance within the next two weeks, and the matter is set for further proceedings thereafter.

Relevance to the Trademark Act, 1999

The Trademark Act of 1999 plays an important role in this case because the plaintiffs are focusing on trademark protection and issues related to passing off under Indian trademark laws. This Act sets up the rules to help prevent anyone from using marks that look too similar to a registered trademark, which is key in avoiding confusion in the market and protecting brand reputation. They believe the defendants' actions have harmed their established brand identity and trust among consumers. It’s all about keeping things fair and ensuring that everyone can safely build their brand. This case highlights the legal protection of trade dress in publishing, emphasizing the importance of distinctiveness achieved through consistent use of color, design, and layout, which in turn leads to goodwill. The decision demonstrates that courts are willing to provide immediate relief when there is evidence of bad faith imitation and potential market confusion.

Conclusion

As the EBC v. Rupa Publications case progresses, its implications extend beyond the parties involved, potentially shaping the future of intellectual property rights in publishing. The outcome will serve as a precedent for how similar disputes are resolved, emphasizing the need for clear differentiation in a competitive market