The owner of “Cook Studio” has sued The Coca-Cola Company for sending him notifications demanding him to stop using the name, despite the fact that the popular music franchise Coke Studio may be crossing international borders with its songs. Nikhil Chawla, the proprietor of “Cook Studio,” and The Coca Cola Company, the owner of the trademark for “Coke Studio,” have been directed by Justice Pratibha M. Singh of the Delhi High Court to appear before the Mediation Center to resolve the trademark-related issue.
This court believes that an effort should have been made to mediate this issue in the first place in order to try and settle it amicably. As a result, on May 31, 2022 at 4 pm, both pa Under Section 142 of the Trademarks Act, 1999, Nikhil Chawla sued Coke Studio and requested a declaration of non-infringement. Through the aforementioned clause, a party who feels aggrieved can get an injunction against the other party making unfounded threats and stop them from continuing.
Nikhil Chawla claims that Coke Studio sent them several letters in which they asserted that the plaintiff’s Cook studio had violated the plaintiff’s trademark for their most recent blog ties are referred to the Delhi High Court Mediation and Conciliation Centre, according to the court. On the one hand, the defendant’s attorney claimed that this part would not be justified since using the Mark “cook studio” would violate Coke studio’s registered Trademark. However, the opposing counsel claimed that due to the irregular colour scheme and significant differences between the logos, they were on completely separate levels. Additionally, he pointed out that the terms “COOK” and “STUDIO” are collective nouns that can be employed by a group.
In order to find a peaceful and respectful manner to resolve their conflict, Justice Pratibha M. Singh assigned the case to mediation, and Mr. Rajiv Varma was chosen as the mediator. In accordance with Section 142 of the Trademarks Act, 1999, Chawla Group has petitioned the court for a declaration of non-infringement after receiving a notice alleging infringement. He had received letters from the Coke Studio’s proprietors over the name.
The Coca Cola Company’s legal representative contended before the court that Chawla’s use of the mark “Cook Studio” would be an infringement of the company’s registered trademark “Coke Studio,” and hence the lawsuit would not be maintainable. Chawla’s attorney countered that the logos and their colour scheme are wholly dissimilar. Additionally, the phrases “chef” and “studio” are generic, the court was informed.
The case was further ordered by the court to be finished, and on September 12 it was scheduled for further consideration with the instruction that “if the matter is settled, parties may move an application.”
