Delhi High Court allows Dabur’s trademark infringement suit against Patanjali over ‘Dant Kanti Red’ toothpaste packaging.
Mediation between the companies failed, prompting the court to proceed with the case.
Dabur is seeking a permanent injunction on Patanjali’s new packaging, introduced in December 2024.
A Delhi High Court judge last week allowed a trademark infringement lawsuit against Yoga guru Baba Ramdev-backed Patanjali Ayurved over its ‘Dant Kanti Red’ toothpaste. The suit, filed by Dabur India Limited, seeks a permanent injunction against the use of a new packaging for the toothpaste that Patanjali adopted in December 2024.
Justice Manmeet Pritam Singh Arora noted on Friday that mediation between Patanjali and Dabur had failed and directed that procedural timelines for the case would now begin.
“In this matter, it is a matter of record that prior to the registration of the suit, parties were referred to mediation in these proceedings itself. However, parties state that despite best efforts, mediation has failed," the judge observed.
What is the dispute about?
The main contention in Dabur's lawsuit is Patanjali's new ‘Dant Kanti Red’ toothpaste packaging, introduced late last year. Patanjali Ayurved claims the product contains herbs, ayurvedic ingredients, and essential oils like tomar, mulethi, ginger, akarkara, anar chhilka, khair, vidang, neem, meswak, kooth, and tulsi.
Dabur argues that Patanjali’s new packaging design, or “trade dress,” for ‘Dant Kanti Red’ looks too similar to its own toothpaste. In its complaint, Dabur presented pictures and details to highlight the “similarities between the competing products.”
Dabur’s lawyer, Hemant Singh, told the court in January that the company has no objection to Patanjali’s earlier packaging for the same toothpaste. He also clarified that Dabur “has no objection to the word ‘Red’ or the pan leaf symbol” on the new packaging. Their concern is solely with the overall design of the new package.
According to Dabur, “Patanjali started using this new packaging in December 2024.”
In January, the judge had asked Patanjali’s lawyer to check with the company if it was willing to make any changes to the new packaging.
However, the talks appear to have yielded no result. On 1 August, the Delhi High Court recorded that mediation had already been attempted before the registration of the suit and had failed.
What happens now?
Justice Arora stated last week that Dabur had fulfilled the pre-institution mediation requirement under Section 12A of the Commercial Courts Act and therefore had “sufficient justification to grant the exemption” sought by the FMCG company.
The order now gives the defendant (Patanjali) 30 days to file a written statement with affidavits of admission and denial of documents.
The plaintiff may file a replication within 30 days thereafter, with similar affidavits, the judge added.
The court also cautioned that unjustified denials may attract costs and allowed inspection of documents under the Delhi High Court (Original Side) Rules, 2018.
The matter is listed before the Joint Registrar on 6 October 2025 for completion of pleadings and before the court on 5 December 2025 for further proceedings.
According to ResearchAndMarkets.com, India’s oral care market was valued at $2.03 billion in 2024 and is projected to reach $3.2 billion by 2033, growing at a CAGR of 5.18% from 2025 to 2033.
The market research firm noted that the sector is driven by increasing awareness of oral hygiene, rising disposable incomes, and growing demand for premium dental products.
It added that the Indian oral care market is highly competitive, with global players like Colgate, Pepsodent, and Sensodyne, and domestic brands like Dabur and Patanjali, competing for market share.
“The increasing preference for natural and herbal products is fuelling the growth of the oral care market in India. Consumers are shifting towards ayurvedic formulations that use ingredients like neem, clove, and charcoal, known for their antibacterial and therapeutic properties. Companies such as Patanjali, Dabur, and Himalaya have capitalised on this trend by offering herbal oral care products,” the report said.
