Nikhil Chawla, a man running a popular online platform called ‘COOK STUDIO’ engaged in blogging and production of videos relating to cooking, had filed a trademark suit against ‘The Coca Cola Company which is the owner of the famous music platform Coke Studio. In the Delhi HC bench, Justice Pratibha M Singh had ordered both companies to appear before the Mediation Centre to amicably resolve the trademark-related dispute. [Nikhil Chawla v The Coca-Cola Company]
In the Trademark settlement between the parties, Chawla agreed to change the name of his blog from Cook Studio to Cook Pro 6.
Apparently, Chawla, who is the proprietor of a firm called “The Chawla Group” and runs the ‘Cook Studio’ platform, which produces content related to cooking, had received a legal notice from the Coca Cola company which owns the Coke Studio trademark. The company had asked Chawla to refrain from using the Cook Studio trademark alleging infringement. Following this, a suit was filed by Mr. Chawla seeking a declaration of non-infringement of the registered Coke Studio trademark.
Justice Pratibha M. Singh recognized the parties’ decision to settle.
There was no impediment in recording the settlement. Accordingly, the parties and all others acting for and, on their behalf, shall be bound by the settlement terms contained above. The suit is decreed in terms of the above terms recorded in paras 5(1) to 5(5) above,” the Court said.
The parties and anyone acting on their behalf must abide by the above settlement terms. The suit is decreed according to paras 5(1)-5(5).”
Justice Prathiba M Singh in the order noted, “Cook Studio and Coke Studio are the competing marks in this suit. Both marks are used extensively on internet platforms.”
According to the Joint Memo dated 12th September 2022, “Cook Studio” shall adopt the mark “Cook Pro 6” and abandon the use of the mark “Cook Studio” for all its channels and platform by 30th of November 2022.
In addition, it was agreed that Coca Cola company shall not object to, nor otherwise interfere in any manner with the plaintiff’s use of the new marks & iterations of the “Cook Pro 6” mark and the plaintiff shall withdraw all trademark registration applications for “Cook Studio” and the suit.
Coca Cola’s Counsel argued that using ‘Cook Studio’ would infringe on ‘Coke Studio’. The plaintiff said the two marks’ logos and colour combinations are completely different, and ‘Cook’ and ‘Studio’ are generic words.
In view of the fact that the dispute was settled amicably, the Court refunded the plaintiff’s Court fee and decreed the suit.