The Single Bench of the Delhi High Court in the case of Ajinomoto Co Inc vs Dattatrey Studios & Anr. consisting of Justice Sanjeev Narula granted an ex-parte injunction against the release of the “AJINOMOTO” film due to alleged trademark infringement by a Japanese Seasoning Manufacturer.
Facts
Plaintiff sought a permanent injunction against infringement of the "AJINOMOTO" trademark, passing off, unfair competition, delivery up, rendition of accounts, damages, and other reliefs.
Plaintiff, the largest seasoning company in Japan, adopted and registered the trademark "AJI-NO-MOTO" for Monosodium Glutamate ["MSG"]. Plaintiff's predecessor-in-title coined the trademark as a Japanese phrase meaning "Essence of Taste." "AJI-NO-MOTO" was originally registered in Japanese in 1909 and in English in 1964.
A forthcoming movie uses Plaintiff's trademark "AJI-NO-MOTO". Plaintiff claims that the use of said title not only infringes its trademark rights since it is unauthorized but is also disparaging and defamatory because Mr. Mathiraj Iyamperumal [Defendant No. 2] made false public assertions about Plaintiff's mark in the film. In light of this, the Court was alerted to an online publication in the magazine 'Outlook' including statements by the film's director about "AJINOMOTO."
Contentions Made
Plaintiff: It was argued that the film has not been produced and its contents are unknown to the public, but it was patently evident that the tale was designed and fashioned symbolically around a cooking ingredient that ties to the Plaintiff. Any negative portrayal would harm the plaintiff's product reputation, it was argued. According to the plaintiff, the film has not been certified by CBFC. In light of Shri Babuji Rawji Shah v. S. Hussain Zaidi & Ors., a film's title is always subject to alteration.
Observations of the Court
The Bench opined that the Plaintiff made out a prima facie case in their favor. Further, the balance of convenience also lays in favor of the Plaintiff and against the Defendants. Moreover, in case an ex-parte injunction is not granted, Plaintiff shall suffer irreparable loss.
Judgment
Defendants may not release the film "AJINOMOTO" or any film with an identical or deceptively similar title/name until the next hearing date. The case was to be listed before the Court on 12th December 2022.
Case: Ajinomoto Co Inc vs Dattatrey Studios & Anr.
Citation: CS(COMM) 822/2022
Bench: Justice Sanjeev Narula
Decided on: 28th November 2022
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