Delhi HC Grants Temporary Restraint on Wow Punjabi's Mark Similarity to Wow! Momos

Delhi HC Grants Temporary Restraint on Wow Punjabi's Mark Similarity to Wow! Momos

The Delhi High Court has issued a temporary injunction against the multi-cuisine restaurant chain Wow Punjabi, prohibiting them from using a logo resembling that of the fast-food restaurant company Wow! Momos.

Justice Anish Dayal expressed satisfaction that Wow! Momos, the plaintiff in the case, had successfully presented a prima facie case warranting the granting of an ex parte injunction until the next scheduled hearing.

The Court was hearing a plea filed by Wow! Momos, which sought a permanent injunction to prohibit trademark infringement, passing off, unfair trade practices, the rendering of accounts, and damages against Wow Punjabi.

The plaintiff informed the Court that they had coined and adopted the trademark 'Wow'/'Wow! Momo' back in 2008 for offering products and services within the food industry.

Additionally, it was conveyed to the Court that the plaintiff had expanded to over 600 outlets across 30 plus cities and achieved a brand valuation of approximately ₹1,225 crores in 2021. Furthermore, it experienced growth exceeding 60% in 2022.

The plaintiff also presented all its registered marks incorporating the 'Wow' mark and emphasized its acquisition of the domain name ‘www.wowmomo.com’ in 2013. The Court took note of the defendant's lack of response to a cease-and-desist notice as well as a subsequent legal notice sent by the petitioner.

Following a comparison between the plaintiff's and the defendant's marks, the court determined that the plaintiff had established a prima facie case. Consequently, the Court issued a notice to the defendant and prohibited them from utilizing, promoting, or engaging in any manner with goods or services under the defendant's trademark, directly or indirectly.

Wow! Momos was represented by advocates Ankur Sangal, Ankit Arvind, and Shashwat Rakshit during the legal proceedings.

Case Title : Wow Momo Foods Pvt Ltd v Wow Punjabi

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