House no. 316, Ground Floor "A" Sector, Yelahanka New Town Bengaluru- 560 064

Shivani Complex, Kanta Stri Vikas Gruh Road Rajkot - 360 002. INDIA Phone : +91 281 242 731

203,Shriji Palace,Savsar Plot, Main Road, Morbi-363641 INDIA Phone:91 2822225263

312-313, 3rd Floor, Abhishek Complex, Akshar Chowk, Old Padra Road,
Vadodara 390 020 INDIA
Phone: (0265) 2322015

The Delhi High Court recently heard a trademark dispute between Indian fast-food chain Wow! Momo and Hong Kong-based Wow Burger. Wow! Momo sought to prevent Wow Burger from entering the Indian market, arguing that the use of "Wow" in its name could cause consumer confusion. However, Justice Amit Bansal observed that "Wow" is a common word in the restaurant industry and might be too generic to grant exclusive rights.

Wow! Momo claimed that although Wow Burger is not an established international chain, its entry into India under a similar name could affect its goodwill. Despite these arguments, the court declined to issue an ex-parte restraining order against Wow Burger without hearing its side. The case has been adjourned to January 2025 for further consideration.

This case adds to Wow! Momo's ongoing trademark disputes, including cases against Wow! Delicious and Wow Punjabi, where the courts restrained these restaurants from using similar trademarks. Conversely, Wow! Momo was recently restrained from using "Wow! China Bistro" following a suit by China Bistro, highlighting the complexity of trademark disputes in the food industry.

As Wow Burger gears up for its expansion into India, the outcome of this case could shape the trademark landscape for global restaurant chains entering the Indian market.

----------------------------------------------------------------------------------------TOP

Prepared by : Drashti S. Varmora (Advocate)