AJINOMOTO CO Vs. SRI SHANKAR BHANDAR

JUDGEMENT

(1.) The instant has been filed by the plaintiff for injunction restraining infringement of its trademark, damages, rendition of accounts of profits and delivery up etc.

(2.) The brief facts of the case are that the Plaintiff is a company existing under the laws of Japan, having its registered office at 1-15-1, Kyabashi, Tokya 104-8315, Jap. It is stated by the plaintiff that it is the registered proprietor of the trade mark AJI-NO-MOTO written both in English as well as in Japanese characters on bowl device in respect of monosodium glutamate. Plaintiffs predecessor in title S. Suzuki Pharmaceutical Co. which was incorporated in 1907 started marketing monosodium glutamate in 1908 and in 1909 it adopted the trade mark AJI-NO-MOTO and since then it has been using the same continuously and extensively.

(3.) It is stated by the plaintiff that AJI-NO-MOTO and the BOWL DEVICE for monosodium glutamate is a well known trade mark and the consumers recognize the origin as that from the plaintiff. Further, it is stated that apart from the trade mark AJI-NO-MOTO the plaintiff has also been using BOWL DEVICE which was adopted in the year 1911and the Japanese characters of the trade mark AJI-NO-MOTO on its packaging of monosodium glutamate.