Film titled ‘Ajinomoto’ runs into trouble after Japanese seasoning manufacturer claims trademark infringement in Delhi HC

The high court thereafter ordered, “Accordingly, till the next date of hearing, defendants (producers) 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 matter is next listed on December 12.

The company argued that they were aggrieved by the title of an upcoming movie which uses their trademark ‘AJI-NO-MOTO’. They argued that the use of said title not only “infringes its trademark rights”, as the use is without authorisation, but is also “disparaging and defaming” as the director of the film, Mathiraj Iyamperumal (Defendant No. 2) had made “false public statements” in relation to the company’s trademark in the “context of the film”. The company sought an “ad-interim ex-parte injunction” restraining the release of the film.

Senior counsel Sudhir Chandra, appearing for the company, drew the high court’s attention to an online article in ‘Outlook’ magazine wherein statements of the director of the film were published. Chandra referred to the statement that read, “Talking about the film, director Iyamperumal says, ‘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. He further spoke about the duality of the film’s characters, ‘Certain situations in this film will make some of the characters appear in it look good at one point. But just like how the ingredient can cause great danger subsequently, these characters can indulge in actions that can cause difficult consequences’”.

Chandra submitted that although the film has not been released, it is “blatantly clear that the storyline, as per the above statement, is conceived and fashioned metaphorically around the cooking ingredient” directly linked to the company. He argued that considering the wide outreach of films, and the manner in which the storyline is conceived, “any negative portrayal is bound to severely prejudice” the company’s reputation.

The company argued before the high court that it is the largest seasoning manufacturer in Japan and had adopted and registered the trademark ‘AJI-NO-MOTO’, primarily used for monosodium glutamate which is manufactured and marketed worldwide. They said that this trademark also appears on other products manufactured by them. It was argued that ‘AJI-NO-MOTO’ was coined by the company’s predecessor as a “unique combination of words meaning essence of taste in Japanese”. The high court was informed that the trademark ‘AJI-NO-MOTO’ in Japanese characters was first registered in Japan in the year 1909 and subsequently, in English characters, in the year 1964.

The company entered the Indian market in 1954 with its MSG product bearing the ‘AJI-NO-MOTO’ trademark. It was also contended that AJI-NO-MOTO is a household name in the Indian market and the trademark is directly associated with the company.