Delhi High Court restrains 'Wow Punjabi' from using mark similar to 'Wow! Momos'

The Delhi High Court recently temporarily restrained multi cuisine restaurant chain Wow Punjabi from using a mark similar to that of fast-food restaurant company Wow! Momos [Wow Momo Foods Pvt Ltd v Wow Punjabi]..Justice Anish Dayal expressed satisfaction that Wow! Momos (plaintiff) had made out a prima facie case for grant of ex parte injunction until the next date of hearing.."Balance of convenience lies in favour of plaintiff and plaintiff is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted," the order dated March 22 said..The Court was hearing a plea by Wow! Momos seeking permanent injunction restraining infringement of trademark, passing off, unfair trade practice, rendition of accounts and damages against Wow Punjabi..The plaintiff informed the Court that it had coined and adopted the trade mark 'Wow'/'Wow!Momo' in 2008 for providing products & services in the food industry.Further, it informed the Court that it had over 600 outlets across 30 plus cities and a brand valuation of about ₹1,225 crores in the year 2021 and had grown more than 60% in the year 2022.The plaintiff also produced all its registered marks using the mark 'Wow' and highlighted that it had bought the domain name ‘www.wowmomo.com’ in 2013. .The Court noted that the defendant had not replied to a cease and desist notice and a follow up legal notice sent by the petitioner.Thereafter, based on a comparison between the mark of the plaintiff and the defendant, the Court concluded that the plaintiff had made a prima facie case. Accordingly, the Court issued notice to the defendant and restrained it from using, advertising, directly or indirectly dealing in any goods or services under defendant’s trademark..Wow! Momos was represented by Ankur Sangal, Partner, Khaitan & Co along with Ankit Arvind, Senior Associate and Shashwat Rakshit, Associate...[Read Order]