Delhi High Court Halts Release Of 'AJINOMOTO' Film After Japanese Seasoning Manufacturer Alleges Trademark Infringement

Nupur Thapliyal

8 Dec 2022 5:07 AM GMT

  • Delhi High Court Halts Release Of AJINOMOTO Film After Japanese Seasoning Manufacturer Alleges Trademark Infringement

    The Delhi High Court has halted release of a crime thriller movie 'Ajinomoto' after a Japan-based seasoning manufacturer alleged infringement of its registered trademark 'AJI-NO-MOTO', used for manufacturing Monosodium Glutamate, commonly used as a taste enhancer in food. Justice Sanjeev Narula restrained Dattatrey Studios and Director Mathiraj Iyamperumal from releasing the movie under the...

    The Delhi High Court has halted release of a crime thriller movie 'Ajinomoto' after a Japan-based seasoning manufacturer alleged infringement of its registered trademark 'AJI-NO-MOTO', used for manufacturing Monosodium Glutamate, commonly used as a taste enhancer in food.

    Justice Sanjeev Narula restrained Dattatrey Studios and Director Mathiraj Iyamperumal from releasing the movie under the title 'AJINOMOTO' or any film bearing an identical name, till December 12.

    "Accordingly, till the next date of hearing, Defendants shall not release the film under the title "AJINOMOTO" or any film bearing an identical or deceptively similar title/ name in any format i.e., cinema hall release, DVD/ VCD release, release through OTT platforms, etc," the court observed.

    Ajinomoto Co Inc has filed a suit against the defendants claiming that their upcoming movie not only infringes its trademark 'AJI-NO-MOTO' but also various false and defaming statements have been made by the film Director in relation to the said mark in the context of the movie.

    As per the suit, AJI-NO- MOTO mark was coined as a unique combination of words meaning "Essence of Taste" in Japanese. The trademark in Japanese characters was first registered in Japan in the year 1909 and subsequently in English characters in 1964. The Plaintiff company entered Indian market in 1954 with its MSG product bearing the said trademark.

    The counsel appearing for the plaintiff company referred to an article published in Outlook magazine wherein the film Director is reported to have said that "Ajinomoto is a flavour enhancer. But it is in fact a kind of poison that kills humans slowly. The story of 'Ajinomoto' has been conceived and crafted based on this concept of the cooking ingredient."

    It is thus the plaintiff's case that although the film has not been released yet, the story line has been conceived and fashioned metaphorically around the cooking ingredient which directly links to Ajinomoto Co Inc.

    It was submitted by the plaintiff's counsel that the title of a film is always subject to change in light of the decision of Supreme Court in case titled Shri Babuji Rawji Shah v. S. Hussain Zaidi & Ors.

    "In view of the fore-going, Plaintiff has made out a prima facie case in their favour; balance of convenience also lies in favour of the Plaintiff and against the Defendants; in case an ex-parte injunction is not granted, Plaintiff shall suffer irreparable loss," Justice Narula said.

    Senior Advocate Sudhir Chandra, along with Advocates Pravin Anand and Dhruv Anand appeared for the plaintiff.

    Title: AJINOMOTO CO INC v. DATTATREY STUDIOS & ANR.

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