In a high-profile trademark battle between two FMCG giants, Dabur India Ltd. and Patanjali Ayurved Ltd., the Delhi High Court has recorded the failure of mediation efforts over the alleged trade dress infringement concerning Patanjali’s Dant Kanti Red (pan flavour) toothpaste.
Background of the Case
Dabur filed a suit claiming that the packaging adopted by Patanjali for Dant Kanti Red closely resembles the trade dress of Dabur Red toothpaste, potentially misleading consumers. Dabur clarified it does not object to the use of the term “Red,” the symbol, or Patanjali’s earlier packaging. The disputed packaging, however, was allegedly introduced in December 2024.
Legal Journey
Following a hearing in January 2025, the Court had directed both parties to explore settlement through mediation and also suggested that Patanjali consider altering its trade dress. However, both Dabur and Patanjali later informed the Court that mediation had failed to yield a resolution.
Acknowledging the impasse, the Court noted that the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 had been fulfilled. The Court also granted Dabur an exemption from fresh mediation, citing sufficient grounds in light of the interim reliefs sought.
Related Proceedings
In a separate but related legal action, Dabur had earlier filed a disparagement suit against Patanjali in December 2024. The suit pertained to an advertisement featuring Patanjali founder Swami Ramdev, who appeared to question the authenticity of rival Chyawanprash products implicitly targeting Dabur’s offering.
Dabur argued that such claims were misleading and damaging, particularly as Chyawanprash is a classical Ayurvedic formulation regulated under the Drugs and Cosmetics Act, requiring strict adherence to prescribed standards.