Dabur-Patanjali mediation fails in Red toothpaste trade dress row

Dabur India and Patanjali Ayurved informed the Delhi High Court that that mediation to resolve the row over alleged infringement of trade dress of former’s Red toothpaste with pan flavour by the latter has failed.

Justice Manmeet Pritam Singh Arora took note of the breakdown of mediation talks and recorded that the legal requirement for pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 has been fulfilled.

The court also granted Dabur an exemption from initiating another round of mediation, citing "sufficient grounds" due to the nature of interim reliefs being sought.


“In this matter, it is a matter of record that prior to the registration of suit parties were referred to mediation in these proceedings itself. However, parties state that despite best efforts mediation has failed," the judge noted.

Pursuant to this, the court said it will hear on December 5 Dabur India's plea alleging that Patanjali Ayurved's Dant Kanti Red toothpaste with pan flavour has a similar trade dress as its product Red toothpaste. It also asked Patanjali Ayurved to file its written statements with regard to objections.

The HC was hearing a permanent injunction suit filed by Dabur against Patanjali Ayurved, the parent company of Patanjali Foods, for the similarity in trade dress. Dabur said it did not have any grievance over the earlier packaging of Patanjali Ayurved in respect of similar products.

However, it is now becoming difficult to maintain a distinction between the two products due to the similarity in their trade dress, it said. Patanjali Ayurved launched its Dant Kanti Red toothpaste with pan flavour in December.

Patanjali Ayurved's Dant Kanti Red toothpaste with pan flavour is enriched with natural herbs and ayurvedic ingredients, including clove, mint, and black pepper, designed to strengthen gums and maintain oral hygiene. Dabur Red toothpaste is crafted from 13 potent ayurvedic ingredients and states that it is clinically shown to provide a remarkable 35% improvement in oral care hygiene compared to regular toothpaste.