Delhi High Court restrains restaurant using trademark Wow Momo

The Delhi High Court has issued an ex-parte interim order restraining Gurgaon-based restaurant 'Wow! Delicious' from using a mark resembling that of popular fast-food chain 'Wow! Momo'. Accordinng to reports the order came in response to a suit filed by Wow Momo Foods Pvt Ltd, alleging trademark infringement.

Justice Mini Pushkarna observed that Wow Momo had established a prima facie case, highlighting the potential for public confusion due to the similarity between the two trademarks. The court's decision to provide interim relief reflects the importance of protecting intellectual property rights under the Trademarks Act, 1999.

Wow! Momo, an Indian fast-food chain founded in Kolkata in 2008, operates over 600 outlets nationwide. The brand specialises in momos with diverse fillings, ranging from vegetables to chicken and mutton. In contrast, Wow Delicious, located in Subhash Chowk, Gurgaon, offers a broader menu of Chinese dishes and snacks, and is listed on food delivery platform Zomato.

Advocate Ankur Sangal, representing Wow Momo, argued that the use of the term 'Wow' by Wow Delicious infringes upon Wow Momo’s trademark, registered under classes 43 and 30 more than a decade ago. These classes encompass food and beverage services, including restaurants, fast-food outlets, cafes, and catering services.

The dispute will return to court for further hearings in April 2025.

The case follows similar rulings by the Delhi High Court in recent years. In March 2024, the court restrained another restaurant chain, Wow Punjabi, from using a similar mark. Earlier, in August 2023, the court prohibited Wow! Momo from using the trademark ‘Wow! China Bistro’ after China Bistro filed a trademark infringement suit.

The series of cases underscores the increasing importance of trademark protection in India’s competitive food and beverage industry.