Wow Momo does not have monopoly over the word "Wow": Delhi High Court observes

The Delhi High Court on Thursday orally observed that popular restaurant chain Wow! Momo cannot claim a monopoly on using the word "Wow" in the restaurant sector [Wow Momo v. Wow Burger]..Justice Amit Bansal made the observation while hearing Wow! Momo's plea to halt Hong Kong-based Wow Burger from commencing operations in India. The judge noted that the word 'Wow' is very commonly used in the restaurant space and could be too generic to be monopolised. He also expressed reservations about injuncting a global chain from using its trade name. The Court proceeded to list the case in January for further consideration after seeking Wow Burger's response. It also refused to pass an ex-parte interim order restraining Wow Burger's entry to India..During the course of the hearing, Wow Momo's lawyer, Advocate Ankur Sangal pressed for an interim order contending that Wow Burger was not an international chain but was established in Hong Kong only recently. He contended that though 'Wow Burgers' was not a trademark owned by Wow Momo, they sell burgers under the name "Wow Burger." The entry of Hong Kong's Wow Burger into India could create confusion in the mind of the consumers, he argued.The Court, however, refused to pass a restraining order without hearing the other side. .Last week, the Court had restrained Gurgaon-based restaurant 'Wow! Delicious' from using a mark deceptively similar to that of Wow! Momo.In that case, the Court found that Wow Momo had made out a prima facie case against Wow Delicious, and that it may cause confusion if no injunction was granted against the latter. .Wow! Momo is a popular Indian fast-food chain known for momos. Founded in 2008, this Kolkata-based restaurant chain has expanded to over 600 stores across various Indian cities. They specialize in steamed or fried dumplings filled with a variety of ingredients like vegetables, chicken, or mutton.WOW Burger announced its plans to enter the Indian market earlier this month. In December 2024, FranGlobal, the international business arm of Franchise India, announced a partnership with Hong Kong-based WOW Burger to introduce high-protein vegetarian fast food to India.The expansion is expected begin in major cities such as Mumbai, Delhi NCR, Bangalore, and Hyderabad, with plans to open over 100 outlets across tier 1 and tier 2 cities within the next five years, as per news reports. .In March 2024, the Delhi High Court temporarily restrained multi cuisine restaurant chain Wow Punjabi from using a mark similar to that of Wow! Momo.In August 2023, the Court restrained the Wow! Momo from using the trademark ‘Wow! China Bistro’ after China Bistro filed a suit alleging an infringement of its trademark. Wow Momo is also currently engaged in a legal battle with Wow Calcutta. Wow Calcutta was represented Kangan Roda. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.