Today, On 11th December, The Delhi High Court barred ‘Wow Delicious’ from using a trademark resembling ‘Wow! Momo,’ citing potential public confusion. The court observed that ‘Wow! Momo’ had established a prima facie case, showing the likelihood of trademark infringement. Allowing ‘Wow Delicious’ to continue using the mark could mislead consumers and harm the brand’s identity.
New Delhi: The Delhi High Court issued a restraining order against the Gurgaon-based restaurant ‘Wow! Delicious’ from using a trademark that is deceptively similar to the well-known fast-food chain ‘WOW! Momo’.
Justice Mini Pushkarna observed that WOW! Momo established a prima facie case against Wow Delicious, noting that the continued use of the similar mark could confuse the public.
As a result, the court granted an ex-parte ad interim order. WOW! Momo, founded in 2008, is a popular Indian fast-food chain based in Kolkata, famous for its momos. The chain expanded to over 600 outlets across various cities in India, specializing in steamed and fried dumplings filled with diverse ingredients such as vegetables, chicken, and mutton.
Wow Delicious, located in Subhash Chowk, Gurgaon, offers a variety of dishes, including Chinese cuisine and snacks, and is listed on the food delivery platform Zomato. Advocate Ankur Sangal, representing WOW! Momo, argued that the Gurgaon establishment was utilizing the ‘Wow’ element of the trademark.
He stated that WOW! Momo secured trademark registration over a decade ago under classes 43 and 30, making the use of a similar mark a violation of the Trademarks Act, 1999. Class 43 pertains to services including food and beverage operations like restaurants, cafes, and snack bars.
After considering the counsel’s arguments, the court granted interim relief.
The case scheduled for a hearing in April 2025.
In March 2024, the Delhi High Court temporarily prohibited 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’ following a suit from China Bistro alleging trademark infringement.
Wow! Momo is a well-known Indian fast-food chain that focuses on momos, a type of dumpling that is popular throughout the country. Established in 2008, the brand has earned a reputation for its creative range of momo options, including steamed, fried, and even dessert momos, along with innovative items like momo burgers. With its swift growth, Wow! Momo has positioned itself as a key player in the Indian quick-service restaurant (QSR) sector. The brand is recognized for its fusion flavors, budget-friendly prices, and contemporary dining atmosphere.