The Delhi High Court has been informed by Dabur India and Patanjali Ayurved that mediation efforts to resolve a dispute over the alleged infringement of trade dress have failed. The dispute centers around Patanjali Ayurved’s Dant Kanti Red toothpaste with pan flavor, which Dabur claims has a similar trade dress to its own Red toothpaste. Despite attempts at mediation, the parties were unable to reach an agreement, and the court has taken note of the breakdown in talks.
The court has granted Dabur an exemption from initiating another round of mediation, citing “sufficient grounds” due to the nature of the interim reliefs being sought. The case will now proceed to a hearing on December 5, where Dabur’s plea for a permanent injunction against Patanjali Ayurved will be considered. Patanjali Ayurved has been asked to file its written statements in response to Dabur’s objections.
Dabur India filed a permanent injunction suit against Patanjali Ayurved, alleging that the company’s Dant Kanti Red toothpaste with pan flavor has a similar trade dress to its own Red toothpaste. Dabur claims that while it had no issue with Patanjali Ayurved’s earlier packaging, the new packaging has made it difficult to distinguish between the two products. Patanjali Ayurved launched its Dant Kanti Red toothpaste with pan flavor in December, which is enriched with natural herbs and ayurvedic ingredients.
The dispute highlights the importance of trade dress in the consumer goods industry, where companies rely on distinctive packaging and branding to differentiate their products from those of their competitors. Dabur Red toothpaste is crafted from 13 potent ayurvedic ingredients and claims to provide a 35% improvement in oral care hygiene compared to regular toothpaste. The court’s decision will have significant implications for both companies, and the outcome will be closely watched by the industry. The hearing on December 5 will provide further clarity on the matter, and the court’s ruling will determine the fate of Patanjali Ayurved’s Dant Kanti Red toothpaste with pan flavor.