This follows Dabur India Ltd's move which had filed a case of fraudulent imitation of its Dabur Red Toothpowder pack against Bajaj Sevashram Limited with the Delhi High Court early this year. An interim injunction application from Dabur was heard by the Court on February 5, 2001. Alleging an infringement of Copyrights of its leading brand Dabur Red Toothpowder, Dabur has alleged that the current packaging of Bajaj's toothpowder is deceptively similar to that of Dabur's product. According to Dabur spokesperson, the company had relaunched its product in a new shrink-sleeve packaging about a year ago. Bajaj Sevashram, Dabur alleges, has come outwith a similar packaging and is advertising the product quite heavily.

In its judgement, the Delhi High Court has restrained Bajaj Sevashram Limited and Vilas Udyog, manufacturer of Bajaj Red Toothpowder, from manufacturing and selling its product under the impugned container till further orders. The Court ruled that the current pack of Bajaj Red Toothpowder is deceptively similar to that of Dabur Red Toothpowder which amounts to infringement of Copyrights of Dabur Red Toothpowder.The case is scheduled for next hearing on April 27, 2001.

One of the leading brands of Dabur, Dabur Red Toothpowder currently holds a 30 per cent marketshare in the overall Rs 400-crore toothpowder market and is the second largest toothpowder brand (after Colgate) in India. Dabur claims to have gained an additional two per cent marketshare in the current financial year. The toothpowder market has been growing at 4 to 5 per cent.

Dabur also entered the white toothpowder segment through its acquired brand Binaca, recently.

Bajaj's marketshare is not known but the brand has been aggressive in the last six months.