Delhi High Court: Wow! Momo Cannot Claim Monopoly Over "Wow" In Restaurant Sector
Delhi High Court: Wow! Momo Cannot Claim Monopoly Over "Wow" In Restaurant Sector
The Delhi High Court observed that popular restaurant chain Wow! Momo cannot monopolise the use of the word "Wow" in the restaurant industry.
Justice Amit Bansal made the oral observation while hearing Wow! Momo's plea to restrain Hong Kong-based Wow Burger from entering the Indian market. The court noted that "Wow" is commonly used in the restaurant sector and might be too generic to grant exclusivity.
The Court declined to issue an ex parte interim order to prevent Wow Burger from commencing operations in India and instead listed the matter for further hearing in January. It directed Wow Burger to respond to the claims made by Wow! Momo.
Wow! Momo argued that Wow Burger, despite its Hong Kong origins, was not a global chain but a recently established entity. They claimed that the entry of Wow Burger into India could cause consumer confusion, particularly since Wow! Momo already sells burgers under the name "Wow Burger."
Justice Bansal, however, expressed reservations about restricting an international entity's use of its trade name without hearing its arguments.
This is not the first instance of legal action by Wow! Momo over trademark disputes. Last week, the court restrained Gurgaon-based Wow! Delicious from using a mark similar to Wow! Momo's, citing potential consumer confusion.
Wow! Momo, a Kolkata-based fast-food chain founded in 2008, is known for its steamed and fried dumplings. It has expanded to over 600 outlets across India.
Meanwhile, Wow Burger, in partnership with FranGlobal, announced plans to launch in India earlier this month, targeting cities like Mumbai, Delhi NCR, Bangalore, and Hyderabad. The brand aims to open over 100 outlets nationwide within five years, offering high-protein vegetarian fast food.
In earlier disputes, the Delhi High Court had restrained Wow Punjabi in March 2024 for using a similar mark to Wow! Momo. However, in August 2023, the Court restricted Wow! Momo from using the trademark "Wow! China Bistro" following a suit by China Bistro alleging trademark infringement.
