Today, the Delhi High Court mentioned that the popular restaurant chain Wow! Momo cannot assert exclusive rights to the use of the word "Wow" in the restaurant industry.

Case Brief:

The single-headed bench of Justice Amit Bansal made this observation while hearing Wow! Momo's plea to prevent the Hong Kong-based Wow Burger from starting operations in India.

The judge pointed out that ''The word "Wow" is widely used in the restaurant industry and may be too generic to warrant exclusivity.''

He also expressed concerns about restraining a global chain from using its trade name. The Court scheduled the case for further consideration in January after seeking Wow Burger's response and declined to issue an ex-parte interim order to block Wow Burger's entry into India.

During the hearing, Wow Momo's lawyer, Advocate Ankur Sangal, argued for an interim order, asserting that Wow Burger was not a well-established international chain but had only recently been founded in Hong Kong.

'Wow Burgers' was not a trademark owned by Wow Momo, they sell burgers under the name "Wow Burger."

The Court, however, declined to issue a restraining order without first hearing from the other side.

In a similar case last week, the Court had restrained Gurgaon-based restaurant 'Wow! Delicious' from using a mark that was deceptively similar to Wow! Momo's. In that instance, the Court found that Wow Momo had made a prima facie case against Wow Delicious, noting that allowing its use without an injunction could lead to confusion.

Wow! Momo is a well-known Indian fast-food chain specializing in momos, which it has been serving since its founding in 2008 in Kolkata. The chain has grown to over 600 stores across various cities in India, offering steamed or fried dumplings with fillings like vegetables, chicken, and mutton.

Wow Burger, a Hong Kong-based entity, announced its plans to enter the Indian market earlier this month. In December 2024, FranGlobal, the international business arm of Franchise India, revealed a partnership with Wow Burger to introduce high-protein vegetarian fast food to India. The expansion will begin in major cities like Mumbai, Delhi NCR, Bangalore, and Hyderabad, with over 100 outlets planned for tier 1 and tier 2 cities over the next five years.

In March 2024, the Delhi High Court temporarily restrained the multi-cuisine restaurant chain Wow Punjabi from using a mark similar to that of Wow! Momo. Additionally, in August 2023, the Court had restrained Wow! Momo from using the trademark 'Wow! China Bistro' after China Bistro filed a suit alleging trademark infringement. Wow! Momo is also currently involved in legal disputes with Wow Calcutta.