NIKHIL CHAWLA Vs. COCA COLA COMPANY

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) COOK STUDIO and COKE STUDIO are the competing marks in this suit. Both marks are used extensively on internet platforms.

(3.) The present suit is in the nature of a threat action under Sec. 142 of the Trademarks Act, 1999 and a suit seeking declaration of non-infringement of the registered trademark COKE STUDIO. The Plaintiff is the proprietor of the firm trading as "The Chawla Group" and is stated to be running a very popular online platform called 'COOK STUDIO' engaged in the activity of blogging, production of video films, training, etc., particularly relating to cooking. The Plaintiff has received notices from the Defendant which is 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 prayers in the suit are as under:-