The Delhi High Court has referred to mediation a suit seeking declaration of non infringement of the registered trademark 'COKE STUDIO', a music platform.
The suit has been filed by the proprietor of the firm stated to be running a popular online platform called 'COOK STUDIO' engaged in blogging and production of video films, relating to cooking.
The suit was filed by one Nikhil Chawla, proprietor of the firm trading as "The Chawla Group" against 'The Coca Cola Company'.
Justice Pratibha M Singh issued notice on the suit and noted that the parties were attempting to amicably resolve this dispute through mediation.
"Accordingly, both parties are referred to the Delhi High Court Mediation and Conciliation Centre on 31st May, 2022 at 4:00 p.m. Mr. Rajeev Virmani, ld. Senior Counsel is appointed to act as the Mediator in this matter," the Court ordered.
It was the plaintiff's case that he had received notices from the Defendant which was 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.
The defendant had submitted that the suit would not be maintainable under sec. 142 of the Trademarks Act as the use of the mark 'COOK STUDIO' by the Defendant would constitute infringement of the Plaintiff's registered trademark 'COKE STUDIO'.
On the other hand, the Counsel appearing for the plaintiff submitted that there was complete disparity in the logos and the colour combination of the Plaintiff's and the Defendant's marks. It was added further that the words 'COOK' and 'STUDIO' were generic words.
Accordingly, while referring the dispute to mediation, the Court ordered thus:
"Parties to appear before the Mediation Centre either virtually or physically, subject to convenience of all concerned. It shall be ensured that competent officials on behalf of the Plaintiff and the Defendants shall be present in the mediation proceedings."
The matter will now be heard on September 12.
Adv. Adarsh Ramanujan and Adv. Lzafeer Ahmad appeared for the Plaintiffs.
Title: NIKHIL CHAWLA v. THE COCA COLA COMPANY