Delhi HC refers Trademark Coke Studio case to Mediation

CASE: NIKHIL CHAWLA v. THE COCA COLA COMPANY

Shubhi Rathore | Edited by Prabhat Bandhulya

The suit is filed by Nikhil Chawla, Proprietor of “The Chawla Group” against “The Coca Cola Company”.The suit falls under Section 142 of the Trademarks Act, 1999 and the plaintiff seeks the remedy of declaration of non-infringement of the registered trademark COKE STUDIO.The plaintiff contends that his online platform that is known by the name of ‘COOK STUDIO’ is related to cooking and in no way infringes the trademark of the defendants i.e; ‘COKE STUDIO’

The plaintiff informed the court that he has received notices from the defendant to stop using the mark COOK STUDIO. Plaintiffs Counsel also contended that the colour combination and logos are completely different from each other and hence creates no confusion.

The Court, after hearing the contention,was of the view that there is a chance to sort this issue amicably and hence, the matter is referred to mediation