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The Delhi High Court recently issued an interim injunction restraining WOW! Delicious, a Gurgaon-based restaurant, from using a mark similar to the well-known fast-food chain WOW! Momo. The case, filed by Wow Momo Foods Pvt Ltd, accused WOW! Delicious of infringing its trademark and creating confusion among consumers.

Justice Mini Pushkarna found merit in WOW! Momo’s argument, highlighting the likelihood of consumer confusion due to the similarity in the trademarks. The court emphasized the importance of intellectual property rights under the Trademarks Act, 1999, and granted temporary relief to WOW! Momo until the next hearing, scheduled for April 2025.

WOW! Momo, established in Kolkata in 2008, has grown to over 600 outlets nationwide, offering a specialized menu of momos with diverse fillings. On the other hand, WOW! Delicious operates in Gurgaon, providing a broader menu of Chinese cuisine and snacks.

Representing WOW! Momo, Advocate Ankur Sangal argued that the use of the word "Wow" by WOW! Delicious, especially in the food and beverage sector, infringed upon WOW! Momo’s registered trademarks under Classes 30 and 43.

The case is part of a growing trend of legal disputes over trademarks in India’s competitive food and beverage sector. Earlier rulings by the Delhi High Court have similarly restrained restaurants like WOW! Punjabi and prohibited WOW! Momo from using trademarks resembling those of other food businesses, emphasizing the judiciary's proactive stance on protecting brand identity.

This decision underscores the critical role of trademark enforcement in safeguarding the distinctiveness and reputation of established brands in the marketplace.

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Prepared by : Drashti S. Varmora (Advocate)