Settlement between coke studio and cook studio before Delhi HC

Case: Nikhil Chawla v The Coca-Cola Company

Court: Justice Pratibha M. Singh of Delhi High Court

Following a settlement with Coca-Cola Company, which owns the 'Coke Studio' trademark, a food blogging platform called Cook Studio, which focuses on producing videos and other cooking-related content, has changed its name to 'Cook Pro 6'. 

Recognizing the parties' decision to reach a mutual settlement, the court said that as per the terms of the settlement outlined in the Joint Memo dated September 12, the plaintiff is required to adopt the brand "Cook Pro 6" instead of "Cook Studio" on the channels and platforms where it has been used since September 12, 2022, and to cease using "Cook Studio" by November 30, 2022.

Further, it was stated that Cola Company would not object or interfere with the plaintiff’s use of the new mark “Cook Pro 6". Moreover, plaintiff Nikhil Chawla, who runs the food blogging account, shall withdraw all trademark registration applications relating to “Cook Studio”.

After reaching the amicable resolution of the dispute, the Court directed a full refund of the Court fee to the plaintiff.

FACTS

Chawla filed the suit after receiving a notice from the defendant, Coca-Cola Company, asking him to cease using the mark COOK STUDIO for his culinary blog. Coca-Cola's counsel had argued that the use of the mark 'Cook Studio' would violate its mark 'Coke Studio'. According to the plaintiff, the logos and colors of the two marks are completely different, and the words 'Cook' and 'Studio' are also generic.

In its last hearing, the Court referred the trademark infringement dispute for mediation, stating that a first attempt should be made to resolve the dispute amicably.