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Cook Studio vs Coke Studio: Foodblogger changes channel name to ‘Cook Pro 6’ after court intervention

Cook Studio vs Coke Studio: Foodblogger changes channel name to ‘Cook Pro 6’ after court intervention
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A food blogging platform called ‘Cook Studio’ has agreed to rename its channels and pages to ‘Cook Pro 6’ under a settlement agreement with The Coca Cola Company, which owns the trademark ‘Coke Studio’.

Nikhil Chawla, the owner of the Chawla Group and operator of the Cook Studio platform, which produces cooking content, had received notices from Coke Studio owners in connection with the name. He had sued the Delhi High Court against The Coca Cola Company for asking him to stop using the name.

Judge Prathiba M Singh had referred the case to the Delhi Supreme Court Mediation and Conciliation Center for resolution on May 12. The court has now been told that the parties resolved their disputes on September 12.

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Under the settlement, Chawla agreed to adopt the Cook Pro 6 name instead of Cook Studio for its channels and platforms. Under the agreement, he must give up using the Cook Studio name by November 30. The settlement also states that The Coca Cola Company will not object in any way to or interfere in any way with Chawla’s use of the Cook Pro 6 brand and reruns. Chawla must revoke all trademark registration applications related to Cook Studio in accordance with the Agreement.

“The court that took cognizance of the settlement terms has ruled the same. There was no impediment in recording the settlement. Accordingly, the parties and all others acting for and on their behalf will be bound by the settlement terms stated above,” Justice Singh said in the Sept. 12 order.

Chawla had approached the court under Section 142 of the Trademarks Act, 1999, which states that an individual may approach the court for a declaration of non-infringement in the event that he receives notice of alleged infringement.

Counsel for The Coca Cola Company had previously argued in court that the lawsuit would be untenable because Chawla’s use of the ‘Cook Studio’ brand would infringe its registered trademark Coke Studio. However, Chawla’s counsel had argued that there is complete disparity in the logos and color combination of the two brands. The court was also told that the words ‘cook’ and ‘studio’ are generic words.

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