Dabur-Patanjali mediation fails in Red toothpaste trade dress row
The Delhi High Court acknowledged the failure of mediation between Dabur India and Patanjali Ayurved regarding alleged trade dress infringement of Dabur's Red toothpaste. Dabur claims Patanjali's Dant Kanti Red toothpaste with pan flavour has a similar trade dress. The court will hear Dabur's plea for a permanent injunction on December 5, with Patanjali asked to file its written statements.
Agencies Dabur India and Patanjali Ayurved informed the Delhi High Court that that mediation to resolve the row over alleged infringement of trade dress of former's Red toothpaste with pan flavour by the latter has failed. Justice Manmeet Pritam Singh Arora took note of the breakdown of mediation talks and recorded that the legal requirement for pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 has been fulfilled.The court also granted Dabur an exemption from initiating another round of mediation, citing "sufficient grounds" due to the nature of interim reliefs being sought.'In this matter, it is a matter of record that prior to the registration of suit parties were referred to mediation in these proceedings itself. However, parties state that despite best efforts mediation has failed," the judge noted.
Pursuant to this, the court said it will hear on December 5 Dabur India's plea alleging that Patanjali Ayurved's Dant Kanti Red toothpaste with pan flavour has a similar trade dress as its product Red toothpaste. It also asked Patanjali Ayurved to file its written statements with regard to objections.
The HC was hearing a permanent injunction suit filed by Dabur against Patanjali Ayurved, the parent company of Patanjali Foods, for the similarity in trade dress. Dabur said it did not have any grievance over the earlier packaging of Patanjali Ayurved in respect of similar products.However, it is now becoming difficult to maintain a distinction between the two products due to the similarity in their trade dress, it said. Patanjali Ayurved 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.
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Economic Times
4 hours ago
- Economic Times
Dabur-Patanjali mediation fails in Red toothpaste trade dress row
Synopsis The Delhi High Court acknowledged the failure of mediation between Dabur India and Patanjali Ayurved regarding alleged trade dress infringement of Dabur's Red toothpaste. Dabur claims Patanjali's Dant Kanti Red toothpaste with pan flavour has a similar trade dress. The court will hear Dabur's plea for a permanent injunction on December 5, with Patanjali asked to file its written statements. Agencies Dabur India and Patanjali Ayurved informed the Delhi High Court that that mediation to resolve the row over alleged infringement of trade dress of former's Red toothpaste with pan flavour by the latter has failed. Justice Manmeet Pritam Singh Arora took note of the breakdown of mediation talks and recorded that the legal requirement for pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 has been court also granted Dabur an exemption from initiating another round of mediation, citing "sufficient grounds" due to the nature of interim reliefs being sought.'In this matter, it is a matter of record that prior to the registration of suit parties were referred to mediation in these proceedings itself. However, parties state that despite best efforts mediation has failed," the judge noted. Pursuant to this, the court said it will hear on December 5 Dabur India's plea alleging that Patanjali Ayurved's Dant Kanti Red toothpaste with pan flavour has a similar trade dress as its product Red toothpaste. It also asked Patanjali Ayurved to file its written statements with regard to objections. The HC was hearing a permanent injunction suit filed by Dabur against Patanjali Ayurved, the parent company of Patanjali Foods, for the similarity in trade dress. Dabur said it did not have any grievance over the earlier packaging of Patanjali Ayurved in respect of similar it is now becoming difficult to maintain a distinction between the two products due to the similarity in their trade dress, it said. Patanjali Ayurved launched its Dant Kanti Red toothpaste with pan flavour in 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.
Time of India
5 hours ago
- Time of India
Dabur-Patanjali mediation fails in Red toothpaste trade dress row
Dabur India and Patanjali Ayurved informed the Delhi High Court that that mediation to resolve the row over alleged infringement of trade dress of former's Red toothpaste with pan flavour by the latter has failed. Justice Manmeet Pritam Singh Arora took note of the breakdown of mediation talks and recorded that the legal requirement for pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 has been fulfilled. Productivity Tool Zero to Hero in Microsoft Excel: Complete Excel guide By Metla Sudha Sekhar View Program Finance Introduction to Technical Analysis & Candlestick Theory By Dinesh Nagpal View Program Finance Financial Literacy i e Lets Crack the Billionaire Code By CA Rahul Gupta View Program Digital Marketing Digital Marketing Masterclass by Neil Patel By Neil Patel View Program Finance Technical Analysis Demystified- A Complete Guide to Trading By Kunal Patel View Program Productivity Tool Excel Essentials to Expert: Your Complete Guide By Study at home View Program Artificial Intelligence AI For Business Professionals Batch 2 By Ansh Mehra View Program The court also granted Dabur an exemption from initiating another round of mediation, citing "sufficient grounds" due to the nature of interim reliefs being sought. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Undo 'In this matter, it is a matter of record that prior to the registration of suit parties were referred to mediation in these proceedings itself. However, parties state that despite best efforts mediation has failed," the judge noted. Pursuant to this, the court said it will hear on December 5 Dabur India's plea alleging that Patanjali Ayurved's Dant Kanti Red toothpaste with pan flavour has a similar trade dress as its product Red toothpaste. It also asked Patanjali Ayurved to file its written statements with regard to objections. Live Events The HC was hearing a permanent injunction suit filed by Dabur against Patanjali Ayurved, the parent company of Patanjali Foods , for the similarity in trade dress. Dabur said it did not have any grievance over the earlier packaging of Patanjali Ayurved in respect of similar products. However, it is now becoming difficult to maintain a distinction between the two products due to the similarity in their trade dress, it said. Patanjali Ayurved 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.
News18
11 hours ago
- News18
Wife Can Summon Bank Officials to Uncover Husband's Real Income, Rules Delhi High Court
Last Updated: Noting that husbands often hide their actual earnings to evade maintenance obligations, the court set aside the family court order The Delhi High Court has held that a wife can summon witnesses, including bank officials, to establish her husband's actual financial status. In a detailed 11-page verdict, Justice Ravinder Dudeja allowed the wife's plea under Section 311 of the CrPC and overturned the family court's earlier decision that had rejected her request. 'Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach," the judge added. The judge said the documents and witnesses sought by the petitioner are not collateral or irrelevant but directly impact the determination of maintenance, which is a matter concerning her subsistence. 'The family court ought to have adopted a more purposive interpretation of its enabling powers under Section 311 CrPC., instead of taking a hyper-technical view," the court said. Noting that husbands often hide their actual earnings to evade maintenance obligations, the court added, 'It is not uncommon that when there are matrimonial differences between the husband and wife, many times husbands tend to suppress their real income and resort to transferring their assets to avoid payment of legitimate dues to their wives." The petitioner wife and respondent husband got married on February 16, 2012. The wife had alleged that after her marriage, she was subjected to domestic violence by the husband and his family to fulfill dowry demands. It was also alleged that the respondent and his family had locked the matrimonial home and deserted the wife without returning her stree dhan, jewellery, or cash. The wife had sought to authenticate the Shakti Nagar property document to expose the husband's income. It was alleged that the husband transferred sale proceeds from his Noida property to his mother to conceal assets. It was also claimed that the husband had deliberately concealed his assets, including his appointment as CFO in 2014 and ownership of multiple properties, in an attempt to avoid disclosing his true financial capacity. On the other hand, the respondent husband argued that the plea seeking to call witnesses was not relevant to the petitioner's case. The husband further contended that the wife had approached the court with unclean hands and cited several instances of delay tactics employed by her during the proceedings. He alleged that the wife filed numerous applications with the intent to derail the maintenance petition. Taking note of the submissions, the judge said the family court erred in dismissing the petitioner's application under Section 311 CrPC. 'Section 311 CrPC grants wide discretion to the court to summon, recall or re-examine witnesses at any stage of the proceedings. The objective is to ensure that the truth emerges and justice is served. However, at the same time, such power must be exercised with caution, fairness and judicial prudence so that it does not become an instrument of delay or abuse," the court added. 'According to the petitioner, on 05.08.2013, from the sale proceeds of the Noida flat, respondent diverted an amount of Rs. 5.25 lakhs to the Axis bank account of his mother. On the same date, huge cash was also deposited in the bank accounts of the family members of the respondent in their various bank accounts," the court noted. The high court added that the petitioner wants to demonstrate through such records that the respondent deliberately diverted the sale proceeds of the Noida flat in the name of family members to escape his liability to pay due maintenance. By seeking to summon the bank statements of his family members, the court noted, the petitioner intended to establish a clear trail of fund diversion from the Noida sale, ultimately leading to the purchase of the Shakti Nagar property in the husband's name. The court said denying the petitioner an opportunity to prove the same would frustrate the objective of maintenance proceedings. Accordingly, the HC set aside the family court order and directed it to permit the petitioner wife to summon the witnesses concerned with the relevant record. Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! tags : delhi high court divorce family court view comments Location : New Delhi, India, India First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
