Delhi HC referred trademark dispute on music franchise ‘Coke Studio’ and cooking platform 'Cook Studio’ for mediation

CASE: Coke Studio v Cook Studio

A trademark infringement dispute between the international music franchise 'Coke Studio' and the cooking platform 'Cook Studio' has been referred to mediation by the Delhi High Court. Justice Prathiba M Singh has said that mediation should be tried first to resolve the dispute amicably. The Court, therefore, appointed Senior Advocate Rajeev Virmani to act as a mediator and asked both parties to appear for mediation on May 31, 2022.

Background: 

The Court was dealing with a petition by Nikhil Chawla, proprietor of ‘The Chawla Group’ and is running a popular online platform, ‘Cook Studio’. The platform is engaged in blogging, video production, and training, particularly in the area of cooking.

The plaintiff informed the court that he received notice from the Coca-Cola Company asking him to cease using the mark ‘COOK STUDIO' for his food-related blog. Coca-Cola's counsel argued that the use of the mark 'Cook Studio' would constitute an infringement of its mark 'Coke Studio'. The plaintiff, however, argued that the logo and colour combination of the two marks are completely different and that the words 'Cook' and 'Studio' are also generic. 

After hearing the arguments, the Court asked both parties to appear for mediation.

On July 28, the dispute will be presented to the Joint Registrar for marking of exhibits, and the Court will hear it on September 12.

WHAT IS A TRADEMARK?

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