The Delhi High Court was on August 1 informed that the mediation between Dabur India Limited and Patanjali Ayurved Ltd had failed in the ongoing dispute concerning the trade dress of the latter's Dant Kanti Red toothpaste [Dabur India Limited Vs Patanjali Ayurved].
Accordingly, Justice Manmeet Pritam Singh Arora, who heard the case, listed it for further consideration in December.
Dabur has alleged that the packaging adopted by Patanjali for its “Dant Kanti Red (pan flavour)” toothpaste closely imitates the trade dress of Dabur Red, potentially misleading consumers.
According to Dabur, packaging was introduced only in December 2024. The company has clarified that it does not object to the use of the term “Red” or the “pan leaf” device or to Patanjali’s earlier packaging for the product.
The matter had previously been referred to mediation following a hearing on January 15 this yea when the Court also asked Patanjali to consider modifying its trade dress. However, both parties subsequently informed the Court that the mediation efforts did not result in a settlement.
In light of the failed mediation, the Court recorded that the parties had satisfied the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The Court also accepted Dabur’s request for exemption from initiating another round of mediation, noting that there were sufficient grounds in view of the interim reliefs sought.
Earlier, in December 2024, Dabur filed a disparagement suit against Patanjali over its advertisement featuring its founder Swami Ramdev, in which he was seen questioning the authenticity of other Chyawanprash products in the market.
Dabur argued that the ad misleads consumers and undermines confidence in a category of products governed by strict regulatory standards. It was submitted that Chyawanprash is a classical Ayurvedic medicine regulated under the Drugs and Cosmetics Act, which mandates adherence to prescribed formulations based on ancient Ayurvedic texts.
In July 2025, the Court passed an interim order directing Patanjali to remove the disparaging advertisements against Dabur's Chyawanprash products.
Dabur was represented by Advocates Hemant Singh, Mamta Rani Jha, Manish Kumar Mishra, Akansha Singh and Harshit Raj from Inttl Advocate
Patanjali was represented by Senior Advocate Rajiv Nayyar with Advocates Neha Gupta and Rishabh Pant.
[Read Order]