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A food blogging platform called ‘Cook Studio’ has agreed to change the name of its channels and pages to ‘Cook Pro 6’ under a settlement with The Coca-Cola Company that owns the ‘Coke Studio’ trademark.
Nikhil Chawla, the proprietor of the Chawla Group and ran the platform ‘Cook Studio’ that produces content on cooking, had received notices from owners of the Coke Studio in connection with the name. He took the Coca-Cola Company to Delhi High Court for sending him notices that asked him to desist from using the name.
Justice Prathiba M Singh on May 12 referred the matter to mediation before the HC Mediation and Conciliation Centre for a resolution. The court has now been told that the parties resolved their disputes on September 12.
As per the settlement, Chawla agreed to adopt the mark ‘Cook Pro 6’ instead of ‘Cook Studio’ for his channels and platforms. He is required to abandon the use of ‘Cook Studio’ by November 30, as per the agreement. The settlement also states that The Coca-Cola Company will neither object nor interfere in any manner with Chawla’s use of the mark and iterations of ‘Cook Pro 6’. Chawla has to withdraw all trademark registration applications relating to ‘Cook Studio’, as per the agreement.
“The court on perusal of the terms of settlement found it to be lawful. 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,” said Justice Singh in the order dated September 12.
Chawla approached the court under section 142 of the Trademarks Act, 1999, which states a person can approach the court for declaration of non-infringement in case they receive a notice alleging infringement.
A counsel representing The Coca-Cola Company had earlier argued before the court that the suit would not be maintainable as the use of the mark ‘Cook Studio’ by Chawla would constitute infringement of its registered trademark ‘Coke Studio’. However, Chawla’s counsel had argued that there is a complete disparity in the logos and the colour combination of the two marks. The court was also told that the words ‘cook’ and ‘studio’ are generic words.
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