Delhi HC Restrains Gurgaon Restaurant 'Wow! Delicious' from Using Deceptively Similar Mark to 'WOW! Momo

Delhi HC Restrains Gurgaon Restaurant 'Wow! Delicious' from Using Deceptively Similar Mark to 'WOW! Momo

Today, the Delhi High Court issued an injunction preventing the Gurgaon-based restaurant 'Wow! Delicious' from using a trademark that closely resembles that of the well-known fast food chain 'WOW! Momo.'

Justice Mini Pushkarna observed that Wow Momo had established a prima facie case against Wow Delicious, and allowing the latter to continue using the trademark could lead to public confusion.

As a result, the judge issued an ex-parte ad interim order.

Wow! Momo, a popular Indian fast-food chain known for its momos, was founded in 2008 in Kolkata and has since expanded to over 600 outlets across various cities in India. The chain specializes in steamed and fried dumplings filled with a variety of ingredients such as vegetables, chicken, or mutton.

Wow Delicious, located in Subhash Chowk, Gurgaon, serves a range of dishes, including Chinese items and snacks. It is also listed on the popular food delivery platform Zomato.

Advocate Ankur Sangal, representing Wow Momo, argued that the Gurgaon-based restaurant was using the 'Wow' element of the mark. He emphasized that Wow Momo had obtained trademark registration for its name under Classes 43 and 30 more than a decade ago. Thus, he contended that the use of a deceptively similar mark violated the provisions of the Trademarks Act, 1999.

Class 43 covers services related to food and beverage services, including restaurants, cafes, fast food outlets, coffee shops, snack bars, and momo shops, as well as catering services for events and occasions.

After hearing the counsel, the Court granted interim relief, temporarily restraining Wow Delicious from using the disputed mark. The case is scheduled for further hearing in April 2025.

This case follows a series of trademark disputes involving Wow! Momo. In March 2024, the Delhi High Court temporarily restrained the multi-cuisine restaurant chain Wow Punjabi from using a mark similar to Wow! Momo's. Earlier, in August 2023, the Court had also restrained Wow! Momo from using the trademark ‘Wow! China Bistro’ after China Bistro filed a suit claiming trademark infringement.

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