Delhi High Court Orders Gurgaon Eatery to Stop Using Trademark Similar to "WOW! Momo"

The Delhi High Court has temporarily banned Gurgaon-based eatery?Wow! Delicious?from using a name or mark resembling the popular fast-food chain?WOW! Momo. Justice Mini Pushkarna delivered the verdict, emphasizing that?WOW! Momo?had successfully demonstrated a prima facie case of trademark infringement.

The court noted that Wow! Delicious's continued use of the trademark could confuse consumers and lead to a misunderstanding of the association between the two brands. Consequently, an ex parte ad interim order was issued against the Gurgaon restaurant.

Founded in 2008 in Kolkata,?WOW! Momo?has become a well-known name in India’s fast-food sector, boasting over 600 outlets nationwide. The chain specializes in various momos, steamed or fried dumplings filled with chicken, mutton, and vegetables.

In contrast, Wow! Delicious, located at Subhash Chowk in Gurgaon, serves a range of Chinese dishes and snacks and operates through platforms like Zomato, a popular food delivery service.

Advocate representing WOW! Momo argued that the Gurgaon-based restaurant was attempting to capitalize on the established goodwill of the "Wow" element in WOW! Momo's trademark. He highlighted that WOW! Momo had registered its name as a trademark under classes 43 and 30 over a decade ago, and using a similar mark violated the Trademarks Act of 1999.

Class 43 of the trademark classification system includes services related to food and beverages, such as restaurants, cafes, and fast-food joints. It also covers meal provisions for various occasions and events.

After considering the arguments, the court granted temporary relief to WOW! Momo, preventing Wow! Delicious from continuing the alleged infringement. Further hearings will determine the final resolution of the matter.