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Informist, Wednesday, Jan. 15, 2025

 

--Dabur moves Delhi HC against Patanjali Ayurved's Dant Kanti Red toothpaste 

--Dabur says Patanjali's toothpaste trade dress similar to its product 

--HC to Patanjali: Can Dant Kanti Red toothpaste trade dress be modified? 

--HC to hear Dabur plea against Patanjali Ayurved's toothpaste Jan 31 

 

NEW DELHI – Dabur India Ltd. on Wednesday moved the Delhi High Court alleging that Patanjali Ayurved Ltd.'s Dant Kanti Red toothpaste has a similar trade dress to its product Dabur's Red toothpaste with pan flavour. The high court asked the counsel appearing for Patanjali Ayurved to take instructions from the company with regard to modification of Dant Kanti Red toothpaste's trade dress. The court will hear the case next on Jan. 31. 

 

The court was hearing a permanent injunction suit filed by Dabur India against Patanjali Ayurved, the parent company of Patanjali Foods Ltd, for similarity in trade dress in the toothpaste. A trade dress is the visual appearance of a product or service that identifies its source. It can include the product's design, packaging, or the environment where the service is provided.

 

Dabur India said that it did not have any grievance to the earlier packaging of Patanjali Ayurved in respect of similar products. People are coming closer in terms of trade dress similarity with Dabur's Red toothpaste, said Dabur India, adding that it was becoming difficult for the company to maintain distinction. Dabur India said that Patanjali Ayurved had 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.

 

Dabur and Patanjali are also involved in a dispute where Dabur had sought a permanent injunction on the airing of a television commercial on Chyawanprash products by Patanjali which was disparaging Dabur and defaming its products. The high court will hear that case next on Jan. 20.

 

At 1334 IST, shares of Dabur India were up 0.2% at INR 513.35 on the National Stock Exchange, and those of Patanjali Foods were up 0.2% at INR 1,830.35. 

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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