[Trademark Infringement] COOK STUDIO versus COKE STUDIO matter settled via mediation [Read Judgment]

The Single Bench of the Delhi High Court in the case of Nikhil Chawla vs The Coca Cola Company consisting of Justice Prathiba M. Singh has solved the matter of Trademark Infringement between COOK STUDIO and COKE STUDIO via mediation.

Facts

COOK STUDIO and COKE STUDIO are the competing marks in this suit which are used extensively on internet platforms. This suit was a threat action u/s 142 of the Trademarks Act, 1999 and a suit seeking declaration of non-infringement of the registered trademark COKE STUDIO. The Plaintiff is the proprietor of the firm trading as “The Chawla Group” and is stated to be running a very popular online platform called ‘COOK STUDIO’ engaged in the activity of blogging, production of video films, training, etc., particularly relating to cooking. The Plaintiff received notices from the Defendant which is the owner of the registered trademark named ‘COKE STUDIO’ calling upon him to desist from using the mark COOK STUDIO for his culinary related blog.

Procedural History

Vide order dated 12^th May 2022, summons were issued in the suit to the Defendant and parties were referred to mediation before the Delhi High Court Mediation and Conciliation Centre, who have amicably resolved their disputes as per the Joint memo dated 12^th September, 2022. Certain terms and conditions were laid down, wherein it was decided that the Plaintiff shall adopt the mark “Cook Pro 6” instead of the mark “Cook Studio”, which shall not be objected to by the Defendant in any manner. It was also settled that the Plaintiff shall withdraw all trademark registration applications relating to “Cook Studio” and consequently withdraw the captioned suit.

Observations of the Court

The Bench found the terms of settlement to be lawful and that there was no impediment in recording the settlement. Accordingly, it directed that the parties and all others acting for and, on their behalf, shall be bound by the settlement terms contained in the memo. The suit is decreed in terms of the terms recorded in paras 5(1) to 5(5) of the memo. The complete Court fee was also directed to be refunded to the Plaintiff.

Case: Nikhil Chawla vs The Coca Cola Company

Citation: CS (COMM) 313/2022 and I.A. 7463/2022

Bench: Justice Prathiba M. Singh

Decided on: 12^th September 2022

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